I 


L  B 


IC-NRLF 


SB    50    bEM  I 

"'Vublic  School  Laws 

OF  LOUISIANA 


Sanitary  Regulations  of  the  State  Board 
of  Health 


AND   THE 


Important  Decisions  of  the  Supreme  Court 
of  Louisiana,  Relative  to  Schools 


EIGHTH  COMPILATION 

(Containing  All  Laws,  Regulations,  etc.,  Now  in  Force.) 


T.  H.  HARRIS,  STATE  SUPERINTENDENT. 
1912 


GIFT  OF 


Public  School  Laws 

OF  LOUISIANA 


Sanitary  Regulations  of  the  State  Board 
of  Health 


'  \ 

AND   THE 

Zf'l  6  f'i 


Important  Decisions  of  the  Supreme  Court 
of  Louisiana,  Relative  to  Schools 


EIGHTH  COMPILATION 
(Containing  All  Laws,  Regulations,  etc.,  Now  in  Force.) 


T.  H.  HARRIS,  STATE  SUPERINTENDENT. 


RAMIRE8- JONES ^Ihteg^ro  BATON    ROUGE,    LA. 


\ 


INDEX 

CONSTITUTIONAL  PROVISIONS. 

PAGE 

Books  for  Indigent  Pupils 10 

Debt  due  A.  &  M.  College 9, 10 

Debt  due  Seminary  Fund 9 

Eligibility  to  public  office 10 

Establishment  of  Educational  Institutions 10 

Free  Schools  for  Children  between  6  and  18 6 

French  Language * 7 

Inheritance  Tax 11 

Interest  due  Townships 9 

Louisiana  Industrial  Institute 9 

Louisiana  State  Normal  School 9 

Louisiana  State  University 8 

Parish  School  Boards 6,  7 

Parish  Superintendent 6,  7 

Poll  tax  kept  in  Parish 7 

Poll  tax  of  $1.00 5 

Private  and  Sectarian  Schools 7 

Property  Exempt  from  Taxation 5 

School  Bonds 12 

School  Funds — Cannot  be  used  to  aid  religious  or  private 

schools 5 

School  Funds — Sources 7 

Special  School  Tax 5,  6, 11 

State  Board  of  Education 3,  6,  7 

Southwestern  Louisiana  Industrial  Institute 9 

Southern  University 9 

State  Superintendent 6 

Three  Mill  Tax  for  Schools 14, 15 

LEGISLATIVE  PROVISIONS. 

A 

Agriculture  and  Home  Economics  (A.  306,  '10) 108 

Agricultural  Schools — State  Appropriation  (A.  186,  '12).  57 
Annual  Reports — Parish  Superintendents  (S.  29,  A.  214, 

'12) 25 

Appropriations  for  Education— 1912-1913,  and  1913- 

1914 128-130 

Associations,  Parish  Teachers  (S.  39) 27 

Assessors'  Fees  (A.  213,  '08) 59 

Attorneys  for  Public  Boards  (A.  125,  '12) 48 

Attorney  General,  Required  to  give  opinions  (S.  26,  A. 

214,  '12) 24 


ii  INDEX — Continued 


B  PAGE 

Bird  Day  (S.  14,  A.  198,  '06) 64 

Bonds  Forfeited  (S.  64) 65 

Branches  Taught  (S.  16,  A.  214,  12) 21 

Budget  of  Revenues  (S.  68,  A.  214,  12) 35 

Buildings,  Light  in 125 

Buildings,  Contracts  for  (S.  7,  A.  214,  '12) 18 

Buildings,  Disinfecting  (S.  46) 126 

c 

Clerk  of  Court— report  on  poll  taxes  (A.  87,  '86) 87 

Closets 127 

Columbus  Day  (A.  56,  '10) 64 

Commissioner  of  Military  Records  (A.  73,  '12) 52 

Communicable  Diseases. 126 

Compulsory  Education  for  Orleans  (A.  232,  '12) 55 

D 

Deducting  Fees  of  Witnesses  and  Jurors  for  Poll  Taxes 

(A.  87,   '86) 87 

Demonstration  Farms  Established  by  Police  Juries   (A. 

145,  '12) 45 

Deposit  of  School  Funds  (A.  282,  '08) 100 

Diseases,  Communicable 126 

Disinfecting  School  Buildings 126 

Dismissal  of  Teachers  (S.  46,  A.  214,  '12) 29 

District  Attorney,  Counsel  for  School  Board   (S.  8,  A. 

214,  '12) 19 

Doors  Opening  Outward  (A.  91,  '08) 125, 108 

Domestic  Science  Schools — State  Appropriation  (A.  186, 

'12) 57 

Donations  to  Public  Schools  (A.  158,  '04) 58 

Draining  School  Premises 126 

Drinking  Cups 127 

Drinking  Water 127 

E 

Education,  Compulsory  for  Orleans  (A.  73,  '12) 55 

Enumeration  of  School  Children  (S,  69,  A.  214,  '12) 36 

Expropriation  of  Property  for  School  Sites  (S.  1492,  R.  S., 

and  A.  227,  '02) 59 

Examination  of  Teachers  (SS.  47-58,  A.  214,  '12) 29,  30 

Examining  Committee 29,  30 

Exemptions  from  Jury  Duty  (A.  89,  '94) 109 


INDEX — Continued  iii 


r  PAGE 

Farmers'  Co-Operation  Demonstration  Work  (A.  69,  '12)  44 

Fees  of  School  Children  (S.  9,  A.  214,  '12) 19 

Fees  of  Assessors  (A.  213,  '08) 59 

Fees  of  Tax  Collector  (SS.  1-2,  A.  181,  '08) 63 

Fines  and  Forfeited  Bonds  (S.  64,  A.  214,  '02) 65 

Fiscal  Agent  (A.  282,  '08) 100-105 

Flag — improper  use  of  (A.  34,  '12) 43 

Flag— official  for  Louisiana  (A.  39,  '12) 44 

Forfeited  Bonds  (S.  1044,  R.  S.) 61 

Free  Passage  over  Ferries,  etc.  (S.  10,  A.  214,  '12) 19 

Funds  of  Towns  on  Recision  of  Charters  (A.  173,  '94) ...  106 

Funds,  Deposit  (A.  282,  '08) 100 

Funds  of  Public  Schools— sources  (S.  2957,  R.  S.) 107 

G 

Garbage  Cans .- 127 

Graduates  exempted  from  certain  examinations  (SS.  60-62, 

A.  214,  '12) 31,  32 

H 

Health  Certificates— Teachers 126 

High  Schools— how  created  (S.  9,  A.  214,  '12) 19 

High  Schools — State  Appropriation  (A.  85,  '12) 57 

Home  Economics  and  Agriculture  (A.  306,  '10), : 108 

I 

Indemnity  Lands— how  disposed  of  (A.  217,  '02) 98,  99 

Inheritance  Tax  (A.  42,  '12,  and  A.  45,  '04) 51,  78-86 

Institute  for  Blind 119, 120 

Institute  for  Deaf  and  Dumb 120, 121 

Interest  on  Deposit  Funds  (S.  1328,  R.  S.) 65 

Jurors— Fees  deducted  (A.  87,  '86) 87 

K 

Kindergarten  Departments  (S.  16,  A.  214,  '12) 21 

L 

Lake  Beds— proceeds  to  schools  -(SS.  1-7,  A.  124,  '02) 94 

Lectures  on  Sanitation •. 128 

Libraries  for  Schools  (SS.  1-6,  A.  202,  '06) 110-112 

Light  in  School  Buildings 125 

Local  Trustetes  (S.  18,  A.  214,  '12) 21 


iv  INDEX — Continued 


PAGE 

Louisiana  Industrial  Institute 118, 119 

Louisiana  State  Normal  School 115-117 

Louisiana  State  University 112-115 

Loyola  University  (A.  136,  M2) 57 

M 

Minimum  Number  of  Pupils  (S.  11,  A.  214,  '12) 20 

N 

Number  of  Pupils  to  Constitute  a  School  (S.  11,  A.  214, 

'12) 20 

o 

Office  of  Parish  Superintendent  at  Parish  Seat   (S.  32, 

A.  214,  '12) 26 

Overlapping  Boards  (S.  5.  A.  214,  '12) 16, 17 

Orleans  Schools  (SS.  70-77,  A.  214,  '12) 36-42 

1.  Assistant  Superintendents   (S.  71) 37 

2.  Attendance  officer  (S.  71) 37 

3.  City  Council  (S.  77) 42 

4.  Duties  of  Board  (S.  72) 38 

5.  Duties  of  Superintendent  (S.  74) 40 

6.  Filling  Vacancies  (S.  70) 36 

7.  School  Board  (S.  70) 36 

8.  Superintendent  of  Schools  (S.  70) 37 

9.  Secretary  (S.  71) 37 

10.    Treasurer  (SS.  75-76) 41 

P 

Parish  Associations,  Teachers  (S.  39,  A.  214,  '12) 27 

Parish  School  Boards— how  elected  (S.  5,  214,  '12) 16 

Parish  Superintendent's  Annual  Eeport  (S.  29,  A.  214, 

'12) 25 

Parish  Superintendent— election  (S.  7,  A.  214,  '12) 17 

Parish  -Superintendent— qualifications  (S.  27,  A.  214,  '12)  24 

Parish  Superintendent— records  (S.  30,  A.  214,  '12) 25 

Parish  Superintendent— removal  (S.  7,  A.  214,  '12) 17, 18 

Parish  Superintendent — minimum  salary  (S.  27,  A.  214, 

'12) 25 

Parish  School  Boards— meetings  (S.  7,  A.  214,  '12) 18 

Plnns  of  School  Buildings 124, 125 

Police  Jury,  Three  Mills  for  Schools 14, 15 

Poll  Taxes— duty  of  Tax  Collector  (SS.  2,  3,  A.  89,  '88) ..  86 


INDEX — Continued 


PAGE 
Police  Juries — Demonstration  Farms    (A.  145,    '12,  and 

SS.  1-3,  A.  89,  '88) 45,  86 

Poll  Taxes— Orleans  (A.  56,  '94) 88 

Prescription  of  Debts  (A.  103,  '80) 106 

President  School  Board  (S,  7,  A.  214,  '12) 17 

President  School  Board— duties  (S.  17,  A.  214,  '12) 21 

Pupils,  Minimum  (S.  11,  A.  214,  '12) 20 

o 

Quarterly  Reports — to   State   Supervisor  of  Public  Ac- 
counts (SS.  5-10,  A.  25,  '10) 61,  63 

R 

Records  Kept  by  Superintendents  and  Teachers   (S.  63, 

A.  214,  '12) 33 

Records,  Military 52 

Religious  Schools— No  State  Funds  (S.  12,  A.  214,  '12) ..  20 

Reports  of  Parish  Superintendents  (S.  4,  A.  214,  '12) 16 

Revenues,  Budget  (S.  68,  A.  214,  '12) 25 

S 

Salary,  Superintendent  (S.  27,  A.  214,  '12) 25 

Sanitary  Regulations 124-128 

School  Boards,  overlapping  (S.  5,  A.  214,  '12) 16, 17 

School  Bonds  (A.  256,  '10') 66-78 

School  Boards,  attorneys  for  (A.  125,  '12) 48 

School  Childrens'  Fees  (S.  9,  A.  214,  '12) 19 

School  Districts  (S.  13,  A.  214,  '12) 20 

School  Districts  in  Two  Parishes  (SS.  14-15,  A. '214,  '12) .  20 

School  Children,  enumeration  (S.  69,  A.  214,  '12) 36 

School  Libraries  (SS.  1-6,  A.  214,  '12) 110-112 

School  Session— daily  (S.  16,  A.  214,  '12) 21 

School  Sites,  expropriation  (S.  1492,  R.  S.) 59 

School  Treasurer,  duties  (SS.  65-67,  A.  214,  '12) ........  34,  35 

Schools,  how  created  (S.  7,  A.  214,  '12) 18 

School  Fund,  how  applied  (S.  1327,  R.  S.) 65 

School  Houses,  changing  location  (S.  7,  A.  214,  '12) ....  18, 19 

School  Lands  donated  to  State 105, 106 

Sixteenth  Sections: 

1.  Annulling  Sale  for  Non-Payment  (S.  2965,  R.  S.).  91 

2.  Collecting  Notes  (SS.  1-4,  A.  57,  '84) 92 

3.  Fixing  Capital  Due  Schools  (A.  96,  '86) 93 

4.  Interest  Paid  by  State  Treasurer,  S.  2963,  R.  S.) .  91 


vi  INDEX — Continued 


PAGE 

5.  Compensation  of  Attorneys  (A.  158,  10) 97,  98 

6.  Lease  of  Lands 95 

7.  Making  up  Deficiencies 100 

8.  Rights-of-Way  Over  (A.  14,  '08) 89 

9.  Sale  of  Uninhabitable  Lands  (A.  168,  '94) 90,  91 

10.  Sale  of  Timber 95,  96 

11.  Sale  of  Sixteenth  Sections   (S.  2958,  R.  S.,  and 

S.  2960,  R.  S 88.  89 

12.  Trespass  (A.  14,  '82,  and  A.  158,  '10) 96 

13.  Treasurer's  Commission  (A.  33,  '59) . .  91 

14.  Statement   by   Attorney   General   and   Registrar 
showing  location  (A.  11,  '12) 42 

15.  Survey  of  (S.  2959,  R.  S.) 88 

16.  Swamp  Lands,  sale  of  (A.  151,  '12) 50 

17.  Vote  Against  Sale  of  (A.  54,  '10) 94 

Spitting  on  Floors  of  School  Houses 108, 125 

Special  School  Tax  Elections  (A.  256,  '10) 66-74 

Southern  University,  Changing  Location  (A.  118,  '12) ..  46 

State  Board  of  Education,  organization  (S.  1,  A. '214,  '12)  15 

State  Board  of  Education,  duties  (S.  3,  A.  214,  '12) .....  15 

State  Superintendent,  duties  (SS.  19-25,  A.  214,  '12) ....  22 

State  Treasurer,  accounts  (S.  1326,  R.  S.) 64,  65 

State  Institute  Conductor,  duties  (.S.  42,  A.  214,  '12) ....  28 

Subjects  Taught  (S.  16,  A.  214,  '12) 21 

Suspension  of  Pupils  (S.  64,  A.  214,  '12) 33 

Supervisor  Public  Accounts,  quarterly  reports  (SS.  5-10).  61-63 

Superintendent's  Reports  to  State  Board  of  Health 128 

Sweeping  Floors  of  School  Buildings 125 

Supreme  Court  Decisions: 

1.  Apportioning  School  Funds 121 

2.  All  School  Funds  Handled  by  Parish  School  Board  123 

3.  Discipline — Authority  of  teacher 121, 122 

4.  District  Attorney — No  fee  on  fines 122 

5.  Property  exempted  from  taxation  pays  no  special 
school  taxes 123 

6.  Members  of  partnership  vote  in  special  tax  elec- 
tions    123 

7.  Persons  who  have  sold  their  property  cannot  vote 

it  in  special  tax  elections 123 

8.  When  widows  can  vote  in  special  tax  elections . . .  123 
»    9.    School  houses  cannot  be  used  as  theaters 124 

T 

Tax  Collector,  Fees  (S.  12) 63 

Teachers,  Examination  of  (SS.  47-58,  A.  214,  '12) 29,  30 


INDEX — Continued  vii 


PAGE 

Teachers,  Election  of  (S.  7,  A.  214,  '12)  ...............         18 

Teachers,  Dismissal   (S.  46)  .........................  ;         29 

Teachers'  Institutes  (SS.  34-45,  A.  214,  '12)  .............       26 

Testing  Eyes  of  Pupils  (A.  292,  '08)  ..................   60,  61 

Text-Books,  adoption  of  (S.  2,  A.  214,  '12)  .............   15,  16 

Trustees,  local  (S.  18,  A.  214,  '12)  .................  ____         20 

U 
Ursuline  Nuns  (A.  14,  '12)  ..........  '  .................         56 

V- 
Vacancies  in  Parish  School  Boards  —  filling  (S.  6,  A.  214, 

'12)  .......................................  •.  ...         17 

Vaccination  of  Pupils  ................................       126 

Ventilation  of  School  Buildings  .......................       125 


Women  Eligible  to  Office  (A.  162,  '12,  and  S.  7,  A.  214, 

12)  .....................................  ,  .....  54,17 

Witnesses  and  Jurors,  Deducting  Fees  (A.  7,  '86)  ......         87 


STATE  BOARD  OF  EDUCATION 


GOVERNOR  LUTHER  E.  HALL Baton  Rouge 

SUPT.  T.  H.  HARRIS Baton  Rouge 

HON.  L.  N.  LARCHE Monroe 

HON.  D.  C.  SCARBOROUGH Natchitoches 

HON.  W.  E.  KREBS Lake  Charles 

HON.    ROBERT    MARTIN     .......     St.  Martinville 

HON.  J.  ZACH  SPEARING New  Orleans 

HON.  T.  J.  BUTLER .     Ponchatoula 

HON.  RUPFIN  G.  PLEASANT New  Orleans 

HON.  D.  M.  ATKINS/ Arcadia 


Articles    of    the    Constitution    Having    Ret 
erance  to  Public  Education. 


(Art.  53.     Limitation  of  Legislative  Powers.) 

No  money  shall  ever  be  taken  from  the  public  treasury,  di- 
rectly or  indirectly,  in  aid  of  any  church,  sect  or  denomination 
of  religion,  or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof,  as  such;  and  no  preference  shall  ever  be  given  to,  nor 
any  discrimination  made  against,  any  church,  sect  or  creed  of 
religion,  or  any  form  of  religious  faith  or  worship;  nor  shall 
any  appropriation  be  made  for  private,,  charitable  or  benevolent 
purposes  to  any  person  or  community;  provided,  this  shall  not 
apply  to  the  State  Asylum  for  the  Insane  and  State  Institution 
for  the  Deaf  and  Dumb  and  State  Institution  for  the  Instruction 
of  the  Blind,  and  the  charity  hospitals  and  public  charitable 
institutions  conducted  under  State  authority. 

(Art.  230.     Educational  Institutions  Exempt  from  Taxation.) 

The  following  shall  be  exempt  from  taxation,  and  no  other, 
viz :  All  public  property,  places  of  religious  worship,  or  burial, 
all  charitable  institutions,  all  buildings  and  property  used  ex- 
clusively for  public  monuments  or  historical  collections,  colleges 
and  other  school  purposes,  the  real  and  personal  estate  of  any 
library,  and  that  of  any  other  library  association  used  by  or 
connected  with  such  library,  all  books  and  philosophical  appa- 
ratus, and  all  paintings  and  statuary  of  any  company  or  asso- 
ciation kept  in  a  public  hall ;  provided,  the  property  so  exempted 
be  not  leased  for  purposes  of  private  or  corporate  profit  and 
income.  ****** 

(Art.  231.     Poll  Tax  of  One  Dollar.) 

The  General  Assembly  shall  levy  an  annual  poll  tax  of  one 
dollar  upon  every  male  inhabitant  in  the  State  between  the  ages 
of  twenty-one  and  sixty  years,  for  the  maintenance  of  the  public 
schools  in  the  parishes  where  collected. 

(Art.  232.     School  Tax  on  a  Vote  of  Property  Taxpayers.) 

The  State  tax  on  property  for  all  purposes  whatever,  includ- 
ing expenses  of  government,  schools,  levees  and  interest,  shall 
not  exceed  in  any  one  year,  six  mills  on  the  dollar  of  its  assessed 


f. 

valuation,  and,  except  as  otherwise  provided  in  this  Constitution, 
no  parish,  municipal  or  public  board  tax  for  all  purposes  what- 
soever, shall  exceed  in  any  one  year  ten  mills  on  the  dollar  of 
valuation ;  provided,  that  for  giving  additional  support  to  public 
schools,  and  for  the  purpose  of  erecting  and  constructing  public 
buildings,  public  schoolhouses,  bridges,  wharves,  levees,  sewerage 
work  and  other  works  of  permanent  public  improvement,  the 
title  to  which  shall  be  in  the  public,  any  parish,  municipal  cor- 
poration, ward  or  school  district  may  levy  a  special  tax  in  excess 
of  said  limitation,  whenever  the  rate  of  such  increase  and  the 
number  of  years  it  is  to  be  levied  and  the  purposes  for  which  the 
tax  is  intended,  shall  have  been  submitted  to  a  vote  of  the  prop- 
erty taxpayers  of  each  parish,  ward  or  school  district  entitled 
to  vote  under  the  election  laws  of  the  State,  and  a  majority  of 
the  same  in  numbers  and  in  value  voting  at  such  election  shall 
have  voted  therefor. 

(Art.  248.     Fre«  Schools;  for  Whom;   Apportionment  of  Funds.) 

There  shall  be  free  public  schools  for  the  white  and  colored 
races,  separately  established  by  the  General  Assembly,  through- 
out the  State,  for  the  education  of  all  the  children  of  the  State 
between  the  ages  of  six  and  eighteen  years ;  provided,  that  where 
kindergarten  schools  exist,  children  between  the  ages  of  four 
and  six  may  be  admitted  into  said  schools.  All  funds  raised 
by  the  State  for  the  support  of  public  schools,  except  the  poll 
tax,  shall  be  distributed  to  each  parish  in  proportion  to  the  num- 
ber of  children  therein  between  the  ages  of  six  and  eighteen 
years.  The  General  Assembly,  at  its  next  session,  shall  provide 
for  the  enumeration  of  educable  children. 

(Art.  249,  as  amended  by  Act  28  of  1908.     State  Superintendent.) 

There  shall  be,  elected  by  the  qualified  electors  of  the  State  a 
Superintendent  of  Public  Education,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  is  qualified.  His 
duties  shahll  be  prescribed  by  law,  and  he  shall  receive  an  annual 
salary  of  five  thousand  dollars. 

(Art.  250.     State  Board  of  Education;   Parish  Boards  and  Officers.) 

The  General  Assembly  shall  provide  for  the  creation  of  a 
State  Board  and  Parish  Boards  of  Public  Education.  The  Parish, 


Boards  shall  elect  a  Parish  Superintendent  of  Public  Education 
for  their  respective  parishes,  whose  qualifications  shall  be  fixed 
by  the  Leeislature,  and  who  shall  be  ex-officio  secretary  of,  the 
Parish  Board.  The  salary  of  the  Parish  Superintendent  shall 
be  provided  for  by  the  General  Assembly,  to  be  paid  out  of  the 
public  school  funds  accruing  to  the  respective  parishes. 

(Art.  251.     French  May  Be  Taught.) 

The  general  exercises  in  the  public  schools  shall  be  conducted 
in  the  English  language ;  provided,  that  the  French  language  may 
be  taught  in  those  parishes  or  localities  where  the  French  lan- 
guage predominates,  if  no  additional  expense  is  incurred  thereby. 

(Art.  252.     Application  of  the  Poll  Tax.) 

The  funds  derived  from  the  collection  of  the  poll  tax  shall 
be  applied  exclusively  to  the  maintenance  of  the  public  schools 
as  organized  under  this  Constitution,  and  shall  .be  applied  ex- 
clusively to  the  support  of  the  public  schools  in  the  parish  in 
which  the  same  shall  be  collected,  and  shall  be  accounted  for 
and  paid  by  the  collecting  officer  directly  to  the  treasurer  of 
the  local  school  board. 

(Art.  253.     Private  and  Sectarian  Schools  Cannot  Receive  Public  School 
Funds.) 

No  funds  raised  for  the  support  of  the  public  schools  of  the 
State  shall  be  appropriated  to  or  used  for  the  support  of  any 
private  or  sectarian  schools. 

(Art.  254.     School   Funds— Of  What  They  Shall  Consist.) 

The  school  funds  of  the  State  shall  consist  of :  1st.  Not  less 
than  one  and  one-quarter  mills  of  the  six  mills  tax  levied  and 
collected  by  the  State.  2d.  The  proceeds  of  taxation  for  school 
purposes  as  provided  by  this  Constitution.  3d.  The  interest  on 
the  proceeds  of  all  public  lands  heretofore  granted  or  to  be 
granted  by  the  United  States  for  the  support  of  the  public 
schools,  and  the  revenues  derived  from  such  lands  as  may  remain 
unsold.  4th.  All  funds  and  property,  other  than  unimproved 
lands,  bequeathed  or  granted  to  the  State,  not  designated  for 
any  other  purpose.  5th.  The  proceeds  of  vacant  estates  falling 
under  the  law  to  the  State  of  Louisiana.  6th.  The  legislature 
may  appropriate  to  the  same  fund  the  proceeds  of  public  lands 


8 

not  designated  or  set  apart  for  any  other  purpose,  and  shall 
provide  that  every  parish  may  levy  a  tax  for  the  public  schools 
therein,  which  shall  not  exceed  the  entire  State  tax;  provided, 
that  with  such  a  tax  the  whole  amount  of  parish  taxes  shall  not 
exceed  the  limits  of  parish  taxation  fixed  by  this  Constitution. 
The  City  of  New  Orleans  shall  make  such  appropriations  for 
the  support,  maintenance  and  repair  of  the  public  schools  of 
said  city  as  it  may  deem  proper,  but  not  less  than  eight-tenths 
of  one  mill  for  one  year;  and  said  schools  shall  continue  to 
receive  from  the  Board  of  Liquidation  of  the  City  Debt,  the 
amounts  to  which  they  are  now  entitled  under  the  Constitutional 
amendment,  adopted  in  the  year  1892. 

(Art.  255.     Louisiana  State  University  and  A.  &  M.  College.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  founded  upon  land  grants  of  the  United  States 
to  endow  a  seminary  of  learning  and  a  college  for  the  benefit  of 
agriculture  and  mechanic  arts,  now  established  and  located  in 
the  City  of  Baton  Rouge,  is  hereby  recognized ;  and  all  revenues 
derived  and  to  be  derived  from  the  seminary  fund,  the  Agricul- 
tural and  Mechanical  College  fund,  and  other  funds  or  lands 
donated  to  or  to  be  donated  by  the  United  States  to  the  State  of 
Louisiana  for  the  use  of  a  seminary  of  learning  or  of  a  college 
for  the  benefit  of  agriculture  or  the  mechanic  arts,  shall  be  ap- 
propriated exclusively  to  the  maintenance  and  support  of  the 
said  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College;  and  the  General  Assembly  shall  make  such  addi- 
tional appropriations  as  may  be  necessary  for  its  maintenance, 
support,  and  improvement,  and  for  the  establishment,  in  connec- 
tion with  saiji  institution,  of  such  additional  scientific  or  literary 
departments  as  the  public  necessities  and  the  wellbeing  of  the 
people  of  Louisiana  may  require. 

The  Tulane  University  of  Louisiana,  located  in  New  Orleans, 
is  hereby  recognized  as  created,  and  to  be  developed  in  accord- 
ance with  the  provisions  of  the  legislative  act  No.  43,  approved 
July  5th,  1884,  and  by  approval  of  the  electors,  made  part  of 
the  Constitution  of  the  State. 


9 

(Art.  256.     Other  State  Schools.) 

The  Louisiana  State  Normal  School,  established  and  located 
at  Natchitoches ;  the  Industrial  Institute  and  College  of  Louisi- 
ana, whose  name  is  hereby  changed  to  the  Louisiana  Industrial 
Institute,  established  and  located  at  Ruston;  and  the  Southern 
University,  now  established  in  the  City  of  New  Orleans,  for  the 
education  of  persons  of  color,  are  hereby  recognized;  and  the 
General  Assembly  is  directed  to  make  such  appropriations  from 
time  to  time  as  may  be  necessary  for  the  maintenance,  support 
and  improvement  of  these  institutions ;  provided,  that  the  appro- 
priation for  the  maintenance  and  support  of  the  Southern  Uni- 
versity shall  not  exceed  ten  thousand  dollars  per  annum. 

(Art.  257.     Interest  Due  the  Townships.) 

The  debt  due  by  the  State  to  the  free  school  fund  is  hereby 
declared  to  be  the  sum  of  one  million,  one  hundred  and  thirty 
thousand,  eight  hundred  and  sixty-seven  dollars  and  fifty-one 
cents  in  principal,  and  shall  be  kept  on  the  books  of  the  Auditor 
and  Treasurer  to  the  credit  of  the  several  townships  entitled 'to 
the  same;  the  said  principal  being  the  proceeds  of  the  sales  of 
lands  heretofore  granted  by  the  United  States  for  the  use  and 
support  of  free  public  schools  which  amount  shall  be  held  by 
the  State  as  a  loan,  and  shall  be  and  remain  a  perpetual  fund,  on 
which  the  State  shall  pay  an  annual  interest  of  four  per  cent, 
and  said  interest  shall  be  paid  to  the  several  townships  of  the 
State  entitled  to  the  same,  in  accordance  with  the  Act  of  Con- 
gress, No.  68,  approved  February  15th,  1843. 

(Art.  258.     Debt  Due  Seminary  Fund.) 

The  debt  due  by  the  State  to  the  Seminary  fund  is  hereby 
declared  to  be  one  hundred  and  thirty-six  thousand  dollars,  being 
the  proceeds  of  the  sale  of  lands  heretofore  granted  by  the 
United  States  to  this  State  for  the  use  of  a  seminary  of  learning, 
and  said  amount  shall  be  kept  to  the  credit  of  said  fund  on  the 
books  of  the  Auditor  and  Treasurer  of  the  State  as  a  perpetual 
loan,  and  the  State  shall  pay  an  annual  interest  of  four  per  cent 
on  said  amount. 

(Art.  259.     Debt  Due  A.  and  M.  College.) 

The  debt  due  by  the  State  to  the  Agricultural  and  Mechan- 
ical College  fund  is  hereby  declared  to  be  the  sum  of  one  hun- 


10 

drend  and  eighty-two  thousand  three  hundred  and  thirteen  dol- 
lars and  three  cents,  being  the  proceeds  of  the  sale  of  lands  and 
land  scrip  heretofore  granted  by  the  United  States  to  this  State 
for  the  use  of  a  college  for  the  benefit  of  agricultural  and 
mechanical  arts;  the  said  amount  shall  be  kept  to  the  credit  of 
said  fund  on  the  books  of  the  Auditor  and  Treasurer  of  the 
State  as  a  perpetual  loan,  and  the  State  shall  pay  an  annual 
interest  of  five  per  cent  on  said  amount. 

(Art.  280.     How  Interest  Shall   Be  Paid.) 

The  interest  due  on  the  free  school  fund,  the  seminary  fund 
and  the  Agricultural  and  Mechanical  College  fund,  shall  be  paid 
out  of  any  tax  that  may  be  levied  and  collected  for  the  payment 
of  the  interest  on  the  State  debt. 

Art.  261.     School   Books  for  Indigent  Pupils.) 

All  pupils  in  the  primary  grades  in  the  public  schools 
throughout  the  Parish  of  Orleans,  unable  to  provide  themselves 
with  the  requisite  books,  an  affidavit  to  that  effect  having  been 
made  by  one  of  the  parents  of  such  pupils,  or  if  such  parents 
be  dead,  shall  be  furnished  with  the  necessary  books  free  of 
expense,  to  be  paid  out  of  the  school  fund  of  said  parish;  and 
the  School  Board  of  the  Parish  of  Orleans  is  hereby  directed 
to  appropriate  annually  not  less  than  two  thousand  dollars  for 
the  purpose  named,  provided  such  amount  be  needed. 

(Art.  60.     Establishment  of  Additional   Educational   or  Charitable  Insti- 
tutions.) 

No  educational  or  charitable  institution,  other  than  the  State 
institutions  now  existing,  or  expressly  provided  for  in  this  Con- 
stitution, shall  be  established  by  the  State  except  upon  a  vote 
of  two-thirds  of  the  members  elected  to  each  House  of  the  Gen- 
eral Assembly. 

(Art.  210.     Eligibility  to  Office.) 

No  person  shall  be  eligible  to  any  office,  State,  judicial,  pa- 
rochial, municipal  or  ward,  who  is  not  a  citizen  of  this  State,  and 
a  duly  qualified  elector  of  the  State,  judicial  district,  parish, 
municipality  or  ward,  wherein  the  functions  of  said  office  are 
to  be  performed.  And  whenever  any  officer,  State,  judicial, 


11 

parochial,  municipal  or  ward,  may  change  his  residence  from 
this  State,  or  from  the  district,  the  same  shall  thereby  be  vacated, 
any  declaration  of  retention  of  domicile  to  the  contrary  not- 
withstanding. 

(Art.  232.     Limitation  of  State  Tax;  Of  Other  Taxing  Bodies;  When  and. 
How  Special  Taxes  May  Be  Levied.) 

The  State  tax  on  property  for  all  purposes  whatever,  in- 
cluding expenses  of  government,  schools,  levees  and  interest, 
shall  not  exceed,  in  any  one  year,  six  mills  on  the  dollar  of  its 
assessed  valuation,  and  except  as  otherwise  provided  in  this 
Constitution,  no  parish,  municipal  or  public  board  tax  for  all 
purposes  whatsoever,  shall  exceed  in  any  one  year  ten  mills  on 
the  dollar  of  valuation;  provided,  that  for  giving  additional 
support  to  public  schools,  and  for  the  purpose  of  erecting  and 
constructing  public  buildings,  public  schoolhouses,  bridges, 
wharves,  levees,  sewerage  work  and  other  works  of  permanent 
public  improvement,  the  title  to  which  shall  be  in  the  public,  any 
parish,  municipal  corporation,  ward  or  school  district  may  levy 
a  special  tax  in  excess  of  said  limitation,  whenever  the  rate  of 
such  increase  and  the  number  of  years  it  is  to  be  levied  and  the 
purpose  or  purposes  for  which  the  tax  is  intended,  shall  have  been 
submitted  to  a  vote  of  the  property  taxpayers  of  such  parish,  mu- 
nicipality, ward  or  school  district  entitled  to  vote  under  the  elec- 
tion laws  of  the  State,  and  a  majority  of  the  same  in  numbers, 
and  in  value  voting  at  such  election  shall  have  voted  therefor. 

(Art.  235.     Inheritance  Tax  for  Public  Schools.) 

The  Legislature  shall  have  power  to  levy,  solely  for  the  sup- 
port of  the  public  schools,  a  tax  upon  -all  inheritances,  legacies 
and  donations;  provided,  no  direct  inheritance,  or  donation,  to 
any  ascendant  or  descendant,  below  ten  thousand  dollars  in 
amount  or  value  shall  be  so  taxed;  provided,  further,  that  no 
such  tax  shall  exceed  three  per  cent  for  direct  inheritances  and 
donations  to  ascendants  or  descendants,  and  ten  per  cent  for 
collateral  inheritances,  and  donations  to  collaterals  or  strangers ; 
provided,  bequests  to  educational,  religious  or  charitable  institu- 
tions shall  be  exempt  from  this  tax. 


12 

(Art.  236.) 

The  tax  provided  for  in  the  preceding  article  shall  not  be 
enforced  when  the  property  donated  or  inherited  shall  have  borne 
its  just  proportion  of  taxes  prior  to  the  time  of  such  donation 
or  inheritance. 

(Art.  281,  as  amended   by  Act  197  of   1910.     School    Bonds  and   Special 
Taxes.) 

Municipal  Corporations,  parishes  or  school,  drainage,  sub- 
drainage,  road,  navigation,  or  sewerage  districts,  the  City  of 
New  Orleans  excepted,  hereinafter  referred  to  as  subdivisions, 
when  authorized  to  do  so,  by  a  vote  of  a  majority  in  number 
and  amount  of  the  property  taxpayers,  qualified  to  vote  under 
the  Constitution  and  laws  of  this  State,  who  vote  at  an  election 
held  for  that  purpose,  after  due  notice  of  said  election  has  been 
published  for  thirty  (30)  days  in  the  official  journal  of  the  mu- 
nicipal corporation  or  parishes,  and  where  there  is  no  official 
journal,  in  a  newspaper  published  therein,  may  "through  their 
respective  governing  authorities"  incur  debt  and  issue  negotia- 
ble bonds  therefor,  and  each  year  while  any  bonds  issued  to  evi- 
dence said  indebtedness  are  outstanding,  the  governing  authori- 
ties of  such  subdivision  shall  levy  and  collect  annually,  in  excess 
of  all  other  taxes,  a  tax  sufficient  to  pay  the  interest,  annually 
or  semi-annually,  and  the  principal  falling  due  each  year,  or 
such  amount  as  may  be  required  for  any  sinking  fund  provided 
for  the  payment  of  said  bonds  at  maturity ;  provided,  that  such 
special  taxes,  for  all  purposes,  shall  not  in  any  year  exceed  ten 
(10)  mills  on  the  dollar  of  the  assessed  valuation  of  the  property 
in  such  subdivisions. 

No  bonds  shall  be  issued  for  any  other  purpose  than  that 
stated  in  the  submission  of  the  proposition  to  the  taxpayer,  and 
published  for  thirty  (30)  days  as  aforesaid,  or  for  a  greater 
amount  than  therein  mentioned;  nor  shall  such  bonds  be  issued 
for  any  other  purpose  than  for  constructing,  improving  and 
maintaining  public  roads  and  highways,  paving  and  improving 
streets,  roads  and  alleys,  purchasing  or  constructing  systems  of 
waterworks,  sewerage,  drainage,  navigation,  lights,  public  parks 
and  buildings,  together  with  all  necessary  equipments  and  fur- 
nishing, bridges  and  other  works  of  public  improvement,  the 


13 

title  to  which  shall  rest  in  the  subdivision  creating  the  debt,  as 
the  case  may  be;  nor  shall  such  bonds  run  for  a  longer  period 
than  forty  years  (40)  from  their  date  or  bear  a  greater  rate  of 
interest  than  five  per  cent  (5)  per  annum,  or  be  sold  for  less 
than  par.  The  total  issue  of  bonds  by  any  subdivision  for  all 
purposes  shall  never  exceed  ten  per  centum  (10)  of  the  as- 
sessed valuation  of  the  property  in  such  subdivisions. 

Municipal  councils  shall  have  authority  to  create  within  their 
respective  limits  one  or  more  sewerage  districts;  and  nothing 
herein  contained  shall  prevent  drainage  districts  from  being 
established  under  the  laws  of  this  State  shall,  in  addition  to  the 
powers  hereinabove  granted,  have  the  further  power  and  au- 
thority to  levy  and  assess  annual  contributions  or  acreage  taxes 
on  all  lands  situated  in  such  districts,  for  the  purpose  of  pro- 
viding and  maintaing  drainage  systems,  not  exceeding  fifty 
(50)  cents  per  acre  for  a  period  not  exceeding  forty  (40)  years, 
when  authorized  to  do  so  by  a  majority  in  number  and  amount 
of  the  property  taxpayers  of  said  district,  qualified  to  vote  un- 
der the  Constitution  and  laws  of  this  State,  who  vote  at  an 
election  held  for  that  purpose  and  in  the  manner  provided  in 
the  first  part  of  this  Article,  and  said  drainage  districts,  through 
the  Boards  of  Commissioners  thereof,  when  authorized  as  here- 
inabove provided,  "may  incur  debt  and  issue  negotiable  bonds 
therefor,  payable  in  principal  and  interest  out  of  and  not  to  ex- 
ceed in  principal  and  interest,  the  aggregate  amount  to  be 
raised  by  said  annual  contributions  or  acreage  taxes  during  the 
period  for  which  the  same  are  levied.  No  such  drainage  bonds 
shall  be  issued  for  any  other  purpose  than  that  for  which  said 
contributions  or  acreage  taxes  were  voted  or  run  for  a  longer 
period  than  forty  (40)  years  from  their  date  or  bear  a  greater 
rate  of  interest  than  five  (5)  per  cent  per  annum  or  be  sold  for 
less  than  par. 

When  the  character  of  any  land  is  such  that  it  must  be 
levied  and  pumped  in  order  to  be  drained  and  reclaimed,  the 
Board  of  Drainage  Commissioners  of  the  district  in  which  the 
land  is  situated,  shall,  upon  petition  of  not  less  than  a  ma- 
jority in  acreage  of  the  property  taxpayers,  resident  and  non- 
resident, in  the  area  to  be  affected,  ascertain  the  cost  of  drain- 


14 

age  and  reclaiming  said  land  and  incur  debt  against  said  land 
for  an  amount  sufficient  to  drain  and  reclaim  it,  and  issue  for 
said  debt  negotiable  bonds  running  not  longer  than  forty  (40) 
years  from  their  date  and  bearing  interest  at  a  rate  not  ex- 
ceeding five  (5)  per  centum  per  annum,  payable  anuually  or 
semi-annually,  which  bonds  shall  not  be  sold  for  less  than  par ; 
and  said  Board  of  Drainage  Commissioners  shall  levy  annually 
upon  said  land  forced  contributions  or  acreage  taxes  in  an 
'amount  sufficient  to  maintain  the  drainage  of  said  land  and  to 
pay  the  interest,  annually  or  semi-annually,  and  the  principal 
falling  due  each  year,  or  such  .amount  as  may  be  required  for 
any  sinking  fund  provided  for  the  payment  of  said  bonds  at 
maturity;  provided,  that  such  forced  contribution  or  acreage 
taxes,-  for  all  purposes  shall  never  exceed  Three  Dollars  and 
Fifty  Cents  ($3.50)  per  acre  per  annum. 

The  police  juries  of  the  various  parishes  throughout  the 
State,  for  the  purpose  of  constructing  highways  and  public 
buildings  for  the  parish,  and  the  governing  authorities  of  mu- 
nicipal corporations,  for  the  purpose  of  paving  or:  improving 
streets  or  alleys,  or  for  other  municipal  improvements,  after 
making  provision  for  the  •  payments  of  all  statutory  and  ordi- 
nary charges,  may  fund  into  bonds,  running  for  a  .period  not  ex- 
ceeding ten  (10)  years,  and  bearing  interest  at  a  rate  not  ex- 
ceeding five  (5)  per  centum  per  annum,  which  bonds  shall  not 
be  sold  for  less  than  par,  the  avails  of  the  residue  of  the  ten 
,(10)  mill  tax  authorized  by  Article  232  of  the  Constitution  of 
Louisiana. ' ' 

(Three- Mill  Tax  for  Support  of  Schools.    Act  257  of  1910.) 

The  police  juries  of  the  several  parishes  and  boards  of  trus- 
tees and  muicipal  councils  of  incorporated  cities  and  towns 
(the  Parish  of  Orleans  excepted)  shall  levy,  collect  and  turn 
over  to  the  parish  school  boards  of  their  respective  parishes  for 
the  support  of  the  public  schools  of  their  respective  parishes, 
cities  or  towns,  the  proceeds  of  at  least  three  mills  of  the  annual' 
tax  whicli  they  are  empowered  to  levy  on  each  dollar  of  the 
assessed  valuation  of  the  property  thereof;  provided  that  cities 
and  towns  that  are  not  exempted  by  the  terms  of  their  charters 
from  the  payment  of  parish  taxes  and  which  are  subjected  to 


15 

the  similar  burdens  of  taxation  as  are  the  parishes  shall  not  pay 
this  tax,  as  same  is  included  in  the  taxes  imposed  by  the  parish 
in  which  the  town  is  situated,  "unless  the  parish  boards  of 
school  directors  of  that  parish  certify  that  the  needs  of  the 
schools  can  be  met  by  a  smaller  levy  of  such  taxes." 

ACT    No.  214    OF    1912 

Section  1.  The  Governor,  Superintendent  of  Public  Edu- 
cation and  the  Attorney  General,  together  with  as  many  citizens 
appointed  by  the  Governor  as  there  are  Pongressional  Districts, 
being  one  from  each  congressional  district  of  the  State,  shall 
be  a  body  politic,  and  corporate  by  the  name  and  style  of  the 
Board  of  Education  for  the  State  of  Louisiana,  with  authority 
to  sue  and  defend  suits  in  all  matters  relating  to  the  public 
schools.  The  above  specified  citizens  shall  receive  as  compen- 
sation for  their  services  in  attending  the  meetings  of  the  board, 
their  actual  traveling  expenses  and  per  diem  for  the  number  of 
days  that  the  board  is  in  session,  the  same  as  members  of  the 
State  Legislature,  payable  on  their  warrants,  approved  by  the 
president  and  secretary  of  the  board,  out  of  the  current  school 
fund. 

Section  2.  The  Governor  shall  be  ex-officio  president,  and  the 
State  Superintendent,  secretary  of  said  Board.  The  State  Super- 
intendent shall  be  authorized  to  appoint  an  assistant  secretary 
for  this  office.  The  Board  shall  meet  on  or  before  the  first 
Monday  in  December  of  each  year,  and  at  other  times  when 
called  by  the  Governor.  The  acts  of  the  Board  shall  be  attested 
by  the  signature  of  the  president  and  secretary  of  the  Board. 
All  papers,  documents,  and  records  appertaining  to  the  Board 
shall  be  filed  by  the  Secretary  in  the  office  of  the  State  Super- 
intendent of  Public  Education.  The  Board  may  direct  the  pro- 
ceedings of  the  State  Board  of  Education  to  be  published  in  the 
official  journal  of  the  State  or  in  an  official  pamphlet. 

Section  3.  The  State  Board  of  Education  shall  prepare  rules, 
by-laws  and  regulations  for  the  government  of  the  public  schools 
of  the  State,  which  shall  be  enforced  by  the  Parish  Superintend- 
ent and  the  several  School  boards,  and  shall  give  such  directions 
as  it  may  deem  proper  as  to  the  branches  of  study  which  shall 
be  taught.  The  State  Board  of  Education  shall  strictly  enforce 


16 

a  uniformity  of  text-books  in  all  of  the  public  schools  of  the  State, 
and  shall  adopt  a  list  thereof  which  shall  remain  unchanged  for 
six  years  after  such  adoption.  Not  more  than  three  subjects  or 
parts  of  subjects  of  the  elementary  grades  and  not  more  than 
two  of  the  following  high  school  subjects  can  be  changed  at  any 
one  adoption,  to-wit:  Algebra,  English  Grammar,  Composition 
and  Rhetoric,  Botany,  Zoology,  Chemistry,  Geometry,  American 
History,  Ancient  History,  Mediaeval  and  Modern  History,  and 
of  the  remaining  high  school  subjects  not  more  than  five  can  be 
changed  at  any  adoption,  provided  that  any  text  book  used  in  the 
schools  of  this  State  may  be  changed  at  any  time  upon  the  writ- 
ten application  of  forty  parish  school  boards,  as  per  resolution 
of  said  boards  duly  certified  to  the  State  Board  of  Education ;  and 
all  contracts  for  the  adoption  of  text-books  for  use  in  the  public 
schools  shall  cover  a  period  of  six  years.  The  adoption  of  ele- 
mentary text-books  and  high  school  books  shall  be  made  in  pe- 
riods of  three  years  apart,  and,  for  the  purpose  of  carrying  out 
this  provision  the  first  adoption  of  high  school  text-books  shall 
be  made  in  the  year  1913  and  the  first  adoption  of  elementary 
text-books  shall  be  made  in  the  year  1916. 

The  mode  or  procedure  for  the  announcement  of  bids,  award- 
ing of  contracts,  location  of  depositories  for  the  distribution  of 
school  text-books  shall  be  left  to  the  State  Board  of  Education. 

Section  4.  The  State  Board  of  Education  may  require  reports 
to  be  made  by  the  parish  superintendent  whenever  the  interest 
of  the  common  schools  indicate  the  necessity  of  other  reports 
than  are  now  required. 

Section  5.  There  shall  be  elected  by  the  qualified  voters  of  each 
police  jury  ward  of  the  several  parishes  of  the  State  a  member 
of  the  Board  of  Directors  of  the  Public  Schools  of  such  parish 
for  each  police  juror  in  said  ward.  The  first  election  above  pro- 
vided for  shall  take  place  the  same  time  as  the  congressional 
election  in  1912.  As  soon  as  the  Boards  as  above  provided  for 
have  qualified,  each  Board  shall  by  resolution  divide  the  member- 
ship by  wards  into  three  divisions  as  nearly  equal  as  possible, 
the  members  of  the  first  group  shall  hold  office  for  two  years, 
the  members  of  the  second  group  for  four  years,  and  the  members 
of  the  third  group  for  six  years.  The  successors  of  the  members 


17. 

in  the  several  groups  shall  be  elected  for  terms  of  six  years. 
That  the  compensation  of  said  members  of  the  school  board  is 
hereby  fixed  at  three  dollars  for  each  day  that  he  may  be  re- 
quired to  attend  the  meetings  of  the*  board,  and  five  cents  a 
mile  he  may  travel  to  and  from  the  meetings  of  said  board.  The 
Board  of  Directors  as  now  constituted  shall  hold  their  office  until 
their  successors  shall  have  been  elected  as  provided  for  in  this 
Act.  The  qualifications  of  a  person  to  be  a  member  of  a  school 
board  shall  be  that  he  be  a  qualified  elector  in  the  ward  from 
wilich  he  is  elected,  able  to  read  and  write,  who  does  not  hold 
any  office  or  position  of  honor,  trust  or  emolument,  city,  parish 
or  State ;  or  hold  any  permanent  employment  in  any  capacity  by 
any  board,  department  or  officer,  city,  parish  or  State;  notaries 
public,  and  justices  of  the  peace  being  excepted;  provided,  that 
should  the  Constitution  of  this  State  be  so  amended  so  as  to  per- 
mit women  to  be  members  of  Boards  of  Public  Schools  then  and 
in  that  event  they  shall  be  eligible  to  membership  on  the  various 
Boards  of  Directors  provided  for  in  this  Act. 

Should  any  vacancy  occur  in  any  School  Board  by  deaths, 
resignation  or  otherwise,  the  same  shall  be  filled  by  appointment 
by  the  Governor  for  the  unexpired  term ;  provided,  that  the  unT 
expired  term  shall  not  be  for  a  longer  period  than  12  months; 
otherwise  to  be  filled  by  special  election. 

A  majority  of  the  membership  of  such  board  shall  constitute  a 
quorum  thereof  for  the  transaction  of  business. 

Section  6.  The  several  school  boards  are  constituted  bodies 
corporate,  with  power  to  sue  and  be  sued  under  the  name  and 
style  of  the  "Board  of  Directors  of  the  Public  Schools  of  the 

Parish "as  the  case  may  be.  Citation 

shall  be  served  on  the  president  of  the  Board,  and  in  his  absence 
on  the  vice-president. 

Section  7.  The  Boards  of  Directors  of  the  -several  parishes 
shall  elect  from  among  their  number  a  president  and  a  vice- 
president.  They  shall  also  elect  or  appoint  a  Parish  Superin- 
tendent having  the  qualifications  hereinafter  required,  for  a 
period-  of  four  years,  the  first  superintendents  under  this  Act  to 
take. office  July  1st,  1913;  provided,  that,  if  at  any  time  a  parish 
superintendent  should  be  found  incompetent,  inefficient,  or  un- 


•18 

worthy,  he  shall  be  for  such  cause  removable  by  a  vote  of  two- 
thirds  of  the  full  membership  of  the  Parish  School  Board.  The 
Board  of  Directors  shall  report  to  the  State  Board  of  Education 
all  deficiencies  in  the  schools  or  neglect  of  duty  on  the  part  of  the 
teachers,  superintendents,  or  other  officers.  The  members  of 
the  Board  of  Directors  shall  visit  and  examine  the  schools  in 
the  several  school  districts  of  the  parish  from  time  to  time,  and 
they  shall  meet ;  and  advise  with  the  trustees  when  occasion  re- 
quires. 

The  board  shall  determine  the  number  of  schools  to  be  open- 
ed, the  location  of  the  schoolhouses,  the  number  of  teachers  to 
be  employed,  select  such  teachers  from  nominations  made  by  the 
Parish  Superintendents,  provided  that  two-thirds  of  the  full 
membership  of  the  board  may  elect  teachers  without  the  en- 
dorsement of  the  superintendent.  The  board  shall  fix  the  salaries 
of  the  teachers.  And  the  Board  of  Directors  is  entrusted  with 
seeing  that  the  provisions  of  the  State  School  laws  are  complied 
with.  Each  Board  of  Directors  shall  make  such  rules  and  by  laws 
for  its  own  government,  not  inconsistent  with  law,  as  it  deems 
proper.  The  regular  meeting  of  each  board  shall  be  held  on  the 
first  Saturday  of  January,  April,  July  and  October,  and  it  may 
hold  such  special  or  adjourned  meetings  as  the  board  may  deter- 
mine or  as  occasion  may  require.  Each  Board  of  Directors  shall 
exercise  proper  vigilance  in  securing  for  the  schools  of  the  par- 
ish all  funds  destined  for  the  support  of  the  schools,  including 
the  State  funds  apportioned  thereto,  the  poll  tax,  collectible,  and 
all  other  funds.  The  Secretary  shall  keep  a -record  of  all  trans- 
actions and  proceedings  of  the  board. 

The  board  of  Directors  may  receive  land  by  purchase  or  do- 
nation for  the  purpose  of  erecting  scboolhouses,  provided  for 
and  secure  the  erection  of  same,  construct  such  out  buildings 
'and  enclosures  as  shall  be  conducive  to  the  protection  of 
property  and  make  repairs  and  provide  the  necessary  furniture 
equipment  and  apparatus.  All  contracts  for  improvements  shall 
be  to  the  lowest  bidder,  the  board  reserving  the  right  to  reject 
any  and  all  bids.  They  shall  have  the  power  to  recover  for  any 
damage  that  may  be  done  to  the  property  in  their  charge ;  they 
may,  by  a  two-thirds  vote  of  the  whole  board  after  due  notice 

I 


19 

change  the  location  of  the  schoolhouse,  sell  or  dispose  of  the  old 
site,  and  use  the  proceeds  thereof  toward  procuring  a  new  one. 

Section  8.  The  District  Attorney  of  the  district  shall  act  as 
counsel  for  the  Board  of  Directors,  except  in  and  for  the  Parish 
of  Orleans,  where  the  City  Attorney  of  the  City  of  New  Orleans 
shall  act  as  counsel  for  the  board  of  School  Directors  of  said 
Parish,  but  neither  the  District  Attorney  nor  the  said  City  At- 
torney shall  receive  any  extra  fee,  compensation,  or  allowance 
for  such  service. 

Section  9.  The  Board  of  Directors,  the  Parish  of  Orleans  ex- 
cepted,  shall  have  authority  to  establish  graded  schools,  and  to 
adopt  such  a  system  in  that  connection  as  may  be  necessary  to 
secure  their  success.  Central  or  high  schools  may  be  established 
when  necessary,  but  no  such  school  shall  be  established  without 
the  sanction  of  the  State  Board  of  Education  and  unless  the 
amount  be  donated  for  the  site,  and  suitable  buildings  are  pro- 
vided for  without  any  expense  out  of  the  school  fund.  The  Board 
of  Directors  shall  have  the  authority  to  assess  and  collect  fifty 
cents  per  annum  from  the  parent  or  guardian  of  each  child  en- 
rolled in  the  public  schools  of  a  parish  or  district,  to  be  collected 
in  such  manner  as  the  said  board  shall  determine ;  provided  that 
no  parent  or  guardian  be  required  to  pay  more  than  one  dollar 
and  fifty  cents.  The  amount  thus  collected  shall  be  used  in 
providing  the  necessary  fuel  and  other  comforts  of  the  school. 

Section  10.  The  free  right  of  passage  or  conveyance  over  all 
public  ferries,  bridges  and  roads  which  are  rented  out  by  the 
State,  Parish,  or  municipality,  or  over  which  the  State  or  Parish, 
or  municipality,  exercises  any  control,  or  for  which  license  is  paid 
or  toll  exacted,  be  and  is  hereby  granted  to  all  children  attending 
the  public  schools ;  and  no  tolls  or  fees  shall  be  demanded  or 
exacted  from  said  children  by  the  keepers  or  attendants  of  said 
ferries,  bridges  or  roads  in  their  passage  to  and  from  school  be- 
tween the  hours  of  7  o'clock  A.  M.  and  9  o'clock  A.  M.  and  4 
o'clock  P.  M.  and  6  o'clock  P.  M. ;  provided,  that  on  Sundays  and 
holidays  no  children  shall  have  the  right  to  cross  said  such 
ferries,  bridges,  or  roads  on  terms  different  from  those  of  any 
ordinary  passenger.  The  provision  of  the  foregoing  section  shall 
apply  to  the  parish  of  Orleans  as  well  as  other  parts  of  the  State, 


20 

Section  11.  No  school  of  less  than  ten  pupils  shall  be  opened 
or  maintained  in  any  locality. 

Section  12.  The  boards  of  directors  of  the  public  schools  of 
the  several  parishes  of  this  State  are  prohibited  from  entering 
into  any  contract,  agreement,  understanding  or  combination, 
tacitly,  or  expressly,  directly  or  indirectly,  with  any  church, 
monastic  or  other  religious  order  or  association  of  any  religious 
sect  or  denomination  whatsoever,  or  with  the  representatives 
thereof,  for  the  purpose  of  running  any  public  school  or  schools 
of  this  State,  together  or  in  connection  or  in  combination  with 
any  private  or  parochial  school,  or  other  institution  of  learning 
which  may  be  under  the  control,  authority,  supervision,  adminis- 
tration or  management  of  any  church,  monastic  or  other  religious 
order  or  association  of  any  religious  sect  or  denomination  what- 
soever. 

Section  13.  It  shall  be  the  duty  of  the  parish  board  with  the 
parish  superintendent  to  divide  the  parish  into  school  districts  of 
such  proper  and  convenient  area  and  shape  as  will  best  accom- 
modate the  children  of  the  Parish.  The  Parish  Board  of  Direct- 
ors shall  as  soon  as  practicable  proceed  to  the  work  imposed  upon 
them  and  upon  the  completion  of  the  work  they  shall  make  a 
report  to  the  parish  superintendent,  which  report  shall  contain 
the  boundary  and  description  of  said  district,  designated  by  num- 
ber. The  parish  superintendent  shall  record  the  same  in  a  well 
bound  book  kept  by  him  for  that  purpose,  which  book  shall  be 
held  by  the  parish  superintendent  and  be  at  all  times  open  to 
inspection.  Parish  Boards,  if  they  deem  it  to  be  for  the  best  in- 
terest of  the  schools,  may  divide  the  parish  into  districts  without 
reference  to  the  wards  in  the  parish. 

Section  14.  The  Parish  Board  of  Directors  of  two  adjoining 
parishes,  where  the  division  line  intersects  a  neighborhood  whose 
convenience  requires  it,  may  lay  off  a  district  composed  of  parts 
of  both  parishes.  Such  districts  shall  be  reported  by  the  Super- 
intendent, together  with  a  census  of  the  school  children  only 
as  belonging  to  the  parish  in  which  the  schoolhouse  may  be  sit- 
uated, and  reports  shall  be  made  by  the  assessor  and  parish  super- 
intendent as  thcKigh  the  district  lay  entirely  in  such  district. 

Section  15.  Where  two  school  districts  adjoin,  it  shall  be 
lawful  for  the  children  in  either  of  said  districts  to  be  taught  in 


21 

and  at  such  schoolhouse  as  shall  be  most  convenient  to  them; 
provided,  that  the  tuition  fee  shall  be  paid  to  the  district  in 
which  they  are  taught,  and  that  no  charge  be  made  without  the 
consent  of  the  school  boards  of  the  respective  parishes. 

Section  16.  The  branches  of  orthography,  reading,  writing, 
drawing,  arithmetic,  geography,  grammar,  United  States  History, 
the  laws  of  Health,  including  the  evil  effects  of  alcohol  and  nar- 
cotics, shall  be  taught  in  every  district.  In  addition  to  these, 
such  other  branches  shall  be  taught  as  the  State  Board  of  Edu- 
cation and  the  Parish  School  Boards  may  require;  provided, 
that  these  elementary  branches  may  also  be  taught  in  the  French 
language  in  those  localities  where  the  French  language  is  spoken ; 
but  no  additional  expense  shall  be  incurred  for  this  cause.  No 
public  school  in  the  State  shall  open  later  than  9  A.  M.  or 
close  earlier  than  3  P.  M. ;  provided,  this  shall  not  be  construed 
so  as  to  prevent  half  day  sessions  where^the  school. accommoda- 
tions are  insufficient  for  all  the  pupils  of  the  district  in  a  whole 
day  session.  Nor  shall  it  interfere  with  any  arrangements  made 
for  the  conduct  of  the  Kindergarten  schools ;  provided  that,  in  the 
parish  of  Orleans  the  Board  of  School  Directors  may  fix  the 
hours  of  session  of  the  public  schools.  A  school  week  shall  consist 
of  five  days. 

Section  17.  The  President  of  the  Board  of  Directors  shall 
preside  at  all  meetings  of  the  Board,  call  meetings  when  neces- 
sary, advise  with  and  assist  the  parish  superintendent  and  di- 
rectors in  promoting  the  success  of  the  schools  and  generally  to 
do  and  perform  all  other  acts  and  duties  pertaining  to  his  office 
as  president  of  the  board.  All  deeds  and  contracts  for  the 
schools  shall  be  signed  by  him ;  the  contracts  with  teachers  shall 
be  signed  by  the  parish  superintendent. 

Section  18.  There  shall  be  selected  by  the  patrons  of  each 
local  school  district  in  the  manner  to  be  provided  by  the  Board 
of  School  Directors  of  the  parish  in  which  the  school  district  is 
located,  the  parish  of  Orleans  excepted,  three  auxiliary  visiting 
trustees  who  shall  have  the  same  qualification  as  members  of  the 
Parish  Board  of  Directors.  The  said  trustees  shall  visit  the 
schools  of  their  respective  districts  and  shall  make  quarterly 
reports  to  the  Parish  Board  of  Directors  of  the  actual  condition 
of  the  schools  and  shall  make  needful  suggestions  in  all  matters 
relating  to  the  schools  of  which  they  are  trustees. 


22 

STATE  SUPERINTENDENT. 

Section  19.  A  suitable  office  shall  be  provided  for  the  State 
Superintendent  of  Public  Education  at  the  seat  of  government, 
in  which  he  shall  file,  each  year  separately,  all  papers,  reports 
and  public  documents  transmitted  to  him  by  the  Board  and 
officers  whose  duty  it  is  to  report  to  him,  and  hold  the  same  in 
readiness  to  be  examined  by  the  Governor,  whenever  he  sees 
proper,  and  by  any  committee  appointed  by  the  General  As- 
sembly ;  and  he  shall  cause  to  be  kept  a  record  of  all  matters  ap- 
pertaining to  his  office.  In  case  of  vacancy  in  the  office  of  Super- 
intendent of  Public  Education,  the  Governor  shall  fill  the  va- 
cancy and  submit  the  name  of  the  appointee  to  the  Senate  for 
its  confirmation  at  the  first  session  held  after  the  appointment. 

Section  20.  The  salary  of  the  State  Superintendent  of  Public 
Education  shall  be  five  thousand  dollars  per  annum,  besides 
which  he  shall  be  entitled  to  office  fixtures,  stationery,  books, 
fuel,  and  light  and  everything  needed  to  carry  on  the  work  of  his 
office.  He  shall  have  authority  to  appoint  a  clerk  and  a  porter 
and  prescribe  the  duties  of  each;  provided  that  the  entire  ex- 
penses of  his  office  including  salaries,  postage  and  incidentals, 
shall  not  exceed  the  specified  appropriation  therefor,  payable 
in  monthly  installments,  out  of  the  current  school  fund,  by  the 
Treasurer  of  the  State,  upon  warrants  of  the  State  Superin- 
tendent/ 

Section  21.  The  State  Superintendent  of  Public  Education 
shall  have  general  supervision  of  all  school  boards  in  the  parishes, 
.of  all  common,  high  and  normal  schools  of  the  State,  and  shall  see 
that  the  school  system  of  the  State  is  carried  properly  into  effect. 
He  shall  be  ex-officio  a  member  of  the  board  of  supervisors  of  the 
State  University  and  Agricultural  and  Mechanical  College,  the 
State  Normal  School,  the  State  Industrial  School  at  Ruston,  the 
State  Industrial  School  at  Lafayette,  the  State  Institute  for  the 
Deaf  and  Dumb,  the  State  Institute  for  the  Blind,  the  Southern 
University,  and  of  all  other  institutions  of  learning  under  the  con- 
trol of  the  State  or  aided  in  whole  or  in  part  by  the  State.  He 
shall  visit  all  the  parishes  of  the  State  as  often  as  practicable,  and 
shall  give  due  notice  of  the  time  of  his  visit  to  the  parish  super- 
intendent whose  duty  it  shall  be  to  meet  and  confer  with  the 


23 

State  Superintendent  on  all  matters  connected  with  the  interest 
of  the  public  schools  of  the  parish.  His  expenses  incurred  in  the 
discharge  of  his  duty  shall  be  paid  out  of  the  current  school 
fund,  but  shall  not  exceed  the  amount  appropriated  per  annum 
for  the  purpose.  He  shall  keep  an  account  of  all  orders  drawn 
or  countersigned  by  him  on  the  Auditor  and  of  all  returns  of 
settlements;  when  ever  required  any  part  of  this  account  shall 
be  furnished  by  the  Auditor. 

Section  22.  He  shall  biennially  on  or  before  the  meetings  of 
the  General  Assembly,  make  a  report  of  the  condition  and  prog- 
ress made  and  possible  improvements  to  be  made  in  the  public 
schools.  The  amount  and  condition  of  the  school  funds;  how  its 
revenues  during  the  two  previous  years  have  been  distributed ;  the 
amount  collected  and  disbursed  for  public  school  purposes  from 
local  taxation,  or  from. any  other  source  of  revenue,  and  how  the 
same  was  expended.  This  report  shall  contain  an  abstract  of  the 
parish  and  city  superintendents  reports.  He  shall  communicate  all 
facts,  statistics  and  information  as  are  of  interest  to  the  public 
schools.  He  shall  cause  to  be  printed  a  sufficient  number  of  copies 
for  the  distribution  among  the  members  of  the  General  Assembly, 
the  State  officials,  parish  school  boards,  libraries,  and  superin- 
tendents of  other  States  and  Territories,  and  to  meet  all  ex- 
changes of  educational  reports. 

Section  23.  The  superintendent  in  his  report  shall  set  forth 
the  objects,  and  make  suggestions  which  may  be  of  interest  and 
promote  the  success,  of  all  institutions  of  learning  under  his  su- 
pervision. The  superintendent  of  these  institutions  shall  annually, 
by  the  first  of  March,  furnish  the  State  Superintendent  of  Public 
Education  such  statements  of  their  respective  institutions  as  may 
be  necessary  to  enable  him  to  make  a  full  and  satisfactory  report. 

Section  24.  Certified  copies  of  records  and  papers  in  his  office 
shall  in  all  cases  be  received  and  admitted  in  lieu  of  the  originals. 
He  is  authorized  to  make  copies,  when  requested  by  any  person  so 
to  do,  of  any  papers  deposited  or  filed  in  his  office,  and  of  any  act 
or  decision  made  by  him,  and  certify  the  same,  and  he  may  de- 
mand therefor  payment  at  the  rate  fo  twenty-five  cents  per  one 
hundred  words. 

Section  25.  It  is  made  the  duty  of  the  State  Superintendent  of 
Public  Education  to  report  to  the  State  Board  of  Education  all 


24 

neglect  of  duty  on  part  of  any  school  director,  superintendent,  or 
teacher,  or  any  improper  use  of  school  funds  whenever  it  may 
come  to  his  knowledge.  He  shall  hold  annually  conventions  in  the 
several  institute  districts,  selecting  the  most  convenient  and  ac- 
cessible points,  for  the  purpose  of  consultation,  advice  and  in- 
struction with  Parish  Superintendents  in  regard  to  supervision 
and  management  of  parish  schools. 

Section  26.  The  Attorney  General  when  called  upon  by  the 
State  Superintendent  of  Public  Education,  the  State  Board  of 
Education,  any  Board  of  Directors,  or  any  Parish  Superintend- 
ent, shall  give  his  opinion  in  regard  to  any  controversy  or  dis- 
pute, affecting  any  such  officers  or  boards,  or  relating  to  their 
respective  rights  or  duties  or  affecting  the  schools  under  their 
charge,  or  any  of  them.  The  State  Superintendent  of  Public  Edu- 
cation shall  whenever  required,  give  adv-ice,  explanations,  con- 
structions or  information  to  the  district  officers  and  superin- 
tendents and  to  the  citizens  relative  to  the  public  school  law, 
the  duties  of  the  public  school  officers,  the  rights  and  duties  of 
parents,  guardians,  pupils,  and  all  officers,  the  management  of 
the  schools,  and  all  other  questions  calculated  to  promote  the 
cause  of  education.  He  shall  perform  all  other  duties  imposed 
upon  him  by  law. 

PARISH    SUPERINTENDENT. 

Section  27.  The  Board  of  Directors  of  the  public  schools 
throughout  the  State  shall  elect  or  appoint  a  superintendent  of 
public  schools  who  shall  hold  office  for  a  period  of  four  years. 
He  shall  not  be  otherwise  employed  except,  in  a  parish  having 
fewer  than  thirty  white  teachers  the  parish  superintendent  may 
act  as  principal  of  a  public  school,  shall  be  a  person  of  high 
moral  character,  of  recognized  executive  ability,  and  a  practical 
educator  who  holds  at  least,  a  first  grade  certificate  and  who 
has  had  at  least  three  years  teaching  experience  within  the  five 
years  next  preceding  his  election,  or  who  has  served  as  a  parish 
superintendent  during  at  least  one  year  of  the  three  years  next 
preceding  his  election.  Outstanding  certificates  that  are  valid 
making  their  holders  eligible  to  the  office  of  parish  superin- 
tendent shall  not  be  affected  by  the  provisions  of  this  Act.  This 
shall  apply  to  all  superintendents  and  assistant  superintendents 


25 

now  in  office,  Orleans  parish  included,  and  all  persons  who  have 
secured  eligibility  certificates  by  examination  but  who  are  not 
at  this  time  holding  the  office  of  Parish  Superintendent. 

The  Parish  Superintendent  shall  be  ex-officio  secretary  of  the 
Board  X)f  Directors  in  each  parish  of  the  State,  the  parish  of  Or- 
leans excepted,  his  salary  shall  be  fixed  by  the  Board  of  Di- 
rectors provided,  that  in  no  case  shall  it  be  less  than  six  hun- 
dred dollars  ($600.00)  per  annum. 

Section  28.  He  shall  during  the  year  visit  once,  at  least,  each 
school  district  in  the  parish,  and  he  shall  exert  his  best  endeavors 
in  promoting  the  cause  of  common  school  education.  To  this 
end  he  shall  faithfully  carry  out  the  requirements  of  the  State 
School  Law  and  the  rules  and  regulations  made  for  the  schools 
by  the  State  Board  of  Education. 

Section  29.  It  shall  be  the  duty  of  each  parish  superintend- 
ent on  or  before  the  tenth  day  of  July  each  year,  to  cause  to  be 
placed  in  the  hands  of  the  Superintendent  of  Public  Education 
the  official  report  of  his  parish  schools  for  the  previous  years,  the 
districts  in  which  the  schools  are  taught,  and  the  length  of  time 
taught,  the  number  of  children  at  school,  the  cost  of  tuition  of 
each  child,  per  month  and  for  the  session,  the  number  of  private 
schools,  colleges  and  academies  taught  in  the  parish  and  the 
length  of  the  session  of.  the  same;  the  number  of  teachers  em- 
ployed, male,  female,  white  and  colored,  the  average  wages  of 
male  teachrs,  female  teachers,  the  amount  of  money  raised  for 
school  purposes  in  the  parish  by  local  taxation  or  otherwise,  and 
for  what  purpose  it  was  disbursed,  the  number  and  kind  of 
schoolhouses,  the  actual  or  approximate  value  of  each,  the  num- 
ber of  school  libraries  and  the  number  of  volumes  in  each  and 
the  increase  during  the  session  and  the  amount  received  and 
expended  for  them.  In  case  of  neglect  or  failure  to  make*  this 
report  in  the  time  required  he  shall  forfeit  and  pay  the  sum 
of  ten  dollars  per  week,  or  fraction  of  a  week  thereof,  for  the 
full  time  of  his  delinquency  said  amount  to  be  collected  by  the 
Parish  Board  for  the  benefit  of  the  institute  fund  of  the  State. 

Section  30.  Each  parish  superintendent  shall  keep  a  record 
of  all  business  transacted  by  him  as  parish  superintendent,  the 
names,  numbers  and  description  of  school  districts,  the  tabula- 
tion of  reports  of  school  principals  made  monthly  to  him  by  the 


26 

principals  of  the  schools  of  his  parish  and  all  other  papers, 
books  and  documents  of  value  connected  with  his  office ;  and  they 
shall  be  at  all  times  subject  to  inspection  and  examination  by  the 
State  Superintendent  of  Public  Education,  or  by  any  school 
officer  or  citizen.  In  addition  to  his  annual  report  to  the  State 
Superintendent  of  Public  Education  hereinbefore  provided  for, 
which  shall  be  made  in  accordance  with  instructions  of  the  State 
Superintendent,  he  shall  furnish  to  the  Department  of  Educa- 
tion such  narrative,  and  such  information  as  the  State  Super- 
intendent or  the  State  Board  of  Education  may  from  time  to 
time  require  of  him. 

Section  31.  The  parish  superintendent  may  administer  the 
oath  required  of  any  of  the  officials  of  the  common  schools  or 
of  any  person  required  to  make  oath  in  any  manner  relating 
thereto,  except  to  qualify  directors. 

Section  32.  He  shall  maintain  his  office  at  the  parish  seat 
and  shall  keep  the  same  open  during  the  usual  office  hours 
to  receive  the  reports  of  teachers  and  others  and  to  transact 
the  business  required  of  him  except  during  the  time  he  is  visit- 
ing schools  or  attending  to  his  duties  elsewhere. 

Section  33.  The  parish  superintendents  shall  make  quarterly 
reports  to  the  parish  board  of  directors  upon  the  condition  of  the 
schools  under  his  supervision.  The  secretary  shall  keep  full  min- 
utes of  all  proceedings  of  the  Board  in  a  book  provided  for  that 
purpose,  and  shall  do  and  perform  all  other  acts  and  duties 
legally  pertaining  to  the  office  of  the  Secretary  of  the  Board. 

TEACHERS    INSTITUTES. 

Section  34.  There  shall  be  established  and  maintained  by  the 
State  Institute  Fund,  in  conjunction  with  the  Peabody  Institute 
Fund,  Summer  Normal  Schools  in  this  State,  with  sessions  of 
not  less  than  four  weeks. 

Section  35.  Other  institutes  may  be  held  when  ordered  by 
the  State  Board  of  Education  or  under  special  laws  ordering 
such  institutes  to  be  held.  Every  teacher  of  a  common  school 
must  attend  the  sessions  upon  penalty  for  nonattendance  if 
satisfactory  excuse  has  not  been  rendered  to  the  parish  super- 
intendent, of  forfeiting  two  days'  pay.  There  shall  be  a  vaca- 


27 

tion  of  the  common  schools  of  the  parishes  to  give  opportunities  to 
the  teachers  to  attend;  and  no  reduction  of  the  teacher's  salary 
shall  he  made  during  said  vacation,  provided  he  or  she  was  in 
attendance  the  full  time  of  the  session  of  the  Institute.  These 
institutes,  held  under  this  section,  shall,  as  far  as  possible,  be 
held  in  some  town  centrally  located  and  teachers  from  as  many 
parishes  as  can  conveniently  attend  shall  be  notified  to  attend. 
This  notice  they  shall  obey,  under  the  penalty  before  mentioned. 

Section  36.  The  State  Board  of  Education  shall  act  as  a 
Board  of  State  Institute  Managers  and  in  their  discretion  shall 
select  an  experienced  institute  conductor  who  shall  have  general 
charge  of  the  summer  normal  work,  and  whose  services  shall  be 
paid  for  out  of  the  institute  funds  in  such  manner  as  shall  be 
agreed  upon  by  the  Board  named  in  this  Act.  The  institute 
conductor  shall  be  secretary  of  the  Board. 

Section  37.  The  managers  of  the  summer  normal  schools 
shall  issue  certificates  of  attendance  to  each  teacher  present  dur- 
ing the  whole  of  their  sessions,  and  the  parish  boards  of  school 
directors  shall  give  preference,  other  things  being  equal,  to 
the  holders  of  said  certificates  in  the  selection  of  teachers  for  the 
public  schools. 

Section  38.  The  conductors  of  the  State  (one  week)  Institutes 
shall  make  a  full  report  of  their  work,  giving  the  names  of  the 
teachers  in  attendance  with  a  detailed  account  of  all  institute 
funds  received  and  disbursed,  to  the  State  Superintendent  of 
Public  Education  for  publication  in  his  biennial  report  to  the 
General  Assembly  and  to  the  Board  of  the  Peabody  Education 
Fund. 

Section  39.  It  shall  be  the  duty  of  every  parish  superin- 
tendent, the  parish  of  Orleans  excepted,  to  conduct  a  teachers' 
institute  or  association,  one  Saturday  of  every  month,  or  in 
his  discretion,  on  a  Friday  and  Saturday  of  every  alternate 
month  during  the  time  the  public  schools  are  in  session  in  his 
parish,  in  each  institute  district. 

Section  40.  The  parish  superintendent  shall  notify  all  teach- 
ers of  the  time  and  place  of  the  monthly  or  bi-monthly  institute 
meetings,  and  it  shall  be  the  duty  of  all  teachers  i,n  the  parish 
to  attend  these  meetings  and  to  take  such  part  in  the  exercises 
as  the  superintendent  may  indicate.  Such  teachers  as  fail  to 


28 

be  present,  or,  being  present,  refuse  to  perform  the  p&rt  assigned 
to  them  on  the  program  by  the  superintendent  at  such  institute 
meetings,  shall  forfeit  one  day's  salary  for  each  absence  or  one 
day's  salary  for  each  failure  to  perform  the  part  assigned  them  on 
the  program  by  the  superintendent.  The  amount  so  forfeited  shall 
be  deducted  from  such  teacher's  next  monthly  warrant  by  the 
superintendent  and  by  him  credited  to  the  institute  fund  of 
the  parish  to  be  set  aside  and  used  exclusively  for  institute  work 
in  the  said  parish. 

Section  41.  Boards  of  Directors  are  hereby  authorized  and 
empowered  and  shall  pay  to  each  teacher  attending  an  institute 
or  association  meeting,  two  dollars  per  day  for  each  monthly 
meeting  or  bi-monthly  meeting  and  three  cents  per  mile  each 
way  to  and  from  said  meetings,  actually  and  necessarily  traveled, 
provided,  that  when  the  institute  is  held  on  regular  school  days 
teachers  shall  only  receive  their  regular  pay  as  teachers  for  such 
attendance. 

Section  42.  It  shall  be  the  duty  of  the  State  Institute  Con- 
ductor to  formulate  the  programs  for  teachers '  institutes  or  asso- 
ciation meetings  and  it  shall  be  the  duty  of  the  State  Board 
of  Education  to  formulate  the  State  Reading  Course,  for  teachers 
yearly,  and  it  shall  be  the  duty  of  the  parish  Superintendent 
to  consult  the  State  Institute  Conductor  relative  to  conducting 
teachers  institutes  and  when  conducting  teachers  institutes  or  as- 
sociations to  follow  the  programs  and  the  State  Reading  Course 
for  teachers  so  prepared  as  aforesaid.  The  parish  superintendent 
shall  forfeit  five  dollars  for  each  institute  or  association  he  fails  to 
cause  to  be  held,  or  fails  to  .conduct,  as  required  by  this  Act,  un- 
less physically  unable  to  attend  or  for  other  valid  reasons  appear- 
ing to  the  satisfaction  of  the  school  board ;  the  said  fines  shall  be 
collected  by  the  school  board  and  credited  to  the  institute  fund,  as 
provided  in  this  Act.  The  daily  session  of  the  teachers  institute 
or  association  shall  not  be  less  than  five  hours  per  day  actual  work. 

Section  43.  The  Parish  Superintendent,  at  the  opening  of 
the  institute  meeting,  shall  cause  a  roll  of  teachers  to  be  prepared, 
which  roll  shall  be  called  at  least  twice  during  each  daily  ses- 
'  sion  of  the  institute.  He  shall  ascertain  the  number  of  teachers 
in  attendance  and  the  length  of  time  each  attends,  and  he  shall 
carefully  note  the  names  of  all  absentees,  and  to  this  end  he  shall 


29 

keep  a  record  and  at  the  end  of  the  school  session  he  shall  make 
an  annual  report  to  the  State  Institute  Conductor  of  the  insti- 
tute work  in  his  parish  for  the  year  upon  blanks  furnished  him 
by  the  State  Institute  Conductor  for  said  purpose. 

Section  44.  The  Parish  Superintendents  shall,  before  the  be- 
ginning of  regular  public  school  term,  appoint  a  competent 
teachers  of  his  parish  as  institute  manager  for  each  district,  if 
there  be  more  than  one  institute  district  in  his  parish ;  and  such 
institute  manager  shall  be  paid  three  dollars  per  day  as  com- 
pensation for  actual  services  in  holding  such  institutes,  or  for 
assisting  the  superintendent  while  holding  said  teachers  insti- 
tutes; provided,  that  when  the  teachers  institute  is  held  on  a 
regular  school  day,  the  compensation  of  the  institute  managers 
shall  be  their  regular  salary  and  no  more.  • 

Section  45.  The  provisions  of  this  Act  relating  to  teachers 
institutes  shall  not  be  compulsory  in  the  Parish  of  Orleans,  but 
the  school  board  of  said  Parish  at  its  election  may  conduct  such 
teachers'  institutes  provided  for  herein  in  the  same  manner  and 
wTith  the  same  power  and  authority  as  herein  set  forth. 

Section  46.  If  at  any  time  a  teacher  becomes  incompetent, 
inefficient  or  unworthy  of  the  endorsement  given  him  or  her,  the 
parish  superintendent  shall  have  the  power  to  suspend  such 
teacher  and  immediately  shall  report  such  fact  to  the  board 
of  directors  of  the  public  schools  of  his  parish  and  the  said 
board  shall  take  such  action  as  the  nature  of  the  case  warr- 
ants. The  services  of  any  teacher  may  be  dispensed  with  at  any 
time  by  the  board  of  directors.  Any  teacher  dismissed  under  the 
above  provisions  shall  receive  payment  for  his  services  for  the 
current  month. 

Section  47.  The  State  Board  of  Education  shall  take  entire 
charge  of  the  examination  of  public  school  teachers.  The  Board 
shall  appoint  an  examining  committee  of  as  many  members  as 
may  be  required  and  fix  the  salaries  of  the  members  of  the  com- 
mittee. 

Section  48.  The  following  grades  of  certificates  shall  be  is- 
sued by  the  examining  committee :  Special  High  School  Certifi- 
cates, valid  for  five  years ;  First  Grade  Certificates,  valid  for  five 
years ;  Second  Grade  Certificates,  valid  for  three  years ;  Third 
Grade  Certificates,  valid  for  one  year.  The  State  Board  of  Edu- 


30 

cation  shall  determine  the  subjects  which  shall  be  used  in  the 
examination  for  any  of  the  grades  of  certificates. 

Section  49.  The  State  Board  of  Education  shall  have 
authority  to  exempt  from  examination  graduates  of  standard 
colleges  and  State  Nor  mal  Schools  located  in  other  States,  pro- 
vided that  in  all  cases  the  examining  committee  shall  have 
authority  to  examine  such  graduates  in  such,  subject  or  sub- 
jects as  the  committee  may  think  necessary. 

Section  50.  All  questions  to  be  used  in  the  examination  of 
teachers  shall  be  prepared  by  the  examining  committee,  and  when 
they  have  been  approved  by  the  State  Superintendent  of  Public 
Education  they  shall  be  sent  to  the  Parish  Superintendent  of  the 
various  parishes,  who  shall  conduct  the  examinations,  collect  the 
fees  hereinafter  provided  /or,  and  send  fees  and  answer  papers 
to  the  State  Superintendent  of  Public  Education.  The  Examin- 
ing Committee  shall  grade  all  papers,  and  issue  certificates  to 
those  who  shall  make  the  average  pass  mark  fixed  by  the  State 
Board  of  Education.  Certificates  shall  be 'signed  by  the  Chair- 
man of  the  examining  committee  and  the  State  Superintendent 
of  Public  Education,  they  shall  be  valid  for  the  periods  named 
above  in  all  of  the  points  of  the  State. 

Section  51.  Applicants  for  the  approval  of  their  diplomas 
or  for  teachers '  certificates  shall  pay  the  following  fees :  Grad- 
uates of  Colleges  and  State  Normal  Schools  located  in  other 
States  shall  pay  a  fee  of  five  dollars  for  approval  of  their  diplo- 
mas; applicants  for  special  high  school  certificates  and  first 
grade  certificates  shall  pay  a  fee  of  two  dollars;  applicants  for 
second  grade  certificates  shall  pay  a  fee  of  one  dollar  and  fifty 
cents ;  and  applicants  for  third  grade  certificates  shall  pay  a  fee 
of  one  dollar. 

Section  52.  The  State  Superintendent  shall  deposit  all  fees 
in  an  account  entitled  "  Examination  Fees  "  and  he  shall 
check  upon  this  account  for  the  salaries  and  office  expenses  of 
the  examiners,  keeping  receipted  vouchers  for  all  moneys  so 
.drawn,  and  no  other  funds  shall  be  used  for  salaries  and  ex- 
penses of  the  examining  committee. 

Section  53.  The  State  Board  of  Education  shall  arrange  for 
as  many  examinations  annually  as  may  be  necessary. 


31 

.Section  54.  The  examining  committee  shall  have  authority 
to  issue  provisional  certificates,  upon  application  by  the  parish 
superintendents,  to  teachers  whose  services  are  needed  before 
their  papers  can  be  graded.  Teachers  holding  such  provisional 
certificates  and  failing  to  pass  the  examinations  shall  immediately 
vacate  their  positions  upon  notice  of  failure  to  pass  the  exami- 
nation. 

Section  55.  The  State  Board  of  Education  shall  have 
authority  to  renew  first  grade  teachers'  certificates  when  satis- 
factory evidence  is  produced  attesting  the  worthiness  and  com- 
petency of  the  holders  asking  for  an  extension  of  their  certificates. 
Teachers  having  their  certificates  renewed  shall  pay  a  fee  of  two 
dollars. 

Section  56.  Teachers'  certificates  now  valid  and  in  force 
shall  not  be  affected  by  this  ^ct.  The  Parish  of  Orleans  is  ex- 
cepted  from  the  provisions  of  this  Act. 

Section  57.  No  person  shall  be  appointed  to  teach  without 
a  written  contract  for  the  scholastic  year  in  which  the  school  is 
to  be  taught,  and  who  shall  not  hold  a  certificate  of  a  grade  suf- 
ficiently high  to  meet  the  requirements  of  the  school ;  unless  he  or 
she  holds  a  certificate  or  diploma  provided  for  by  this  Act,  which 
exempts  him  or  her  from  examination. 

Section  58.  Teachers  now  in  position  and  holding  cer- 
tificates shall  not  be  affected  by  the  provisions  of  this  act,  it  be- 
ing the  intention  hereof  to  have  regard  to  certificates  to  be  issued 
in  the  future  rather  than  those  issued  in  the  past  and  held  by 
teachers  now  employed  and  giving  satisfaction  to  their  Boards; 
but  all  certificates  are  revocable. 

Section  59.  Each  teacher  of  any  school  in  this  State  sup- 
ported wholly  or  in  part  from  public  money  shall,  before  re- 
ceiving any  remuneration  for  services  rendered  in  said  capacity, 
file  a  certificate  with  the  person  by  whom  such  payments  are 
authorized  to  be  made  to  the  effect  that  such  teacher  has  faith- 
fully complied  with  all  provisions  of  this  Act  during  the  entire 
period  for  which  such  payment  is  sought  and  in  the  manner 
specified  in  this  Act ;  and  no  money  shall  be  paid  to  any  teacher 
who  has  not  filed  such  a  certificate. 

Section  '60.  Graduates  of  all  institutions  of  learning  author- 
ized to  confer  diplomas  under  the  laws  of  this  State  shall  be  cred- 
ited with  having  passed  a  saiisj  .tory  examination  for  said  teach- 


32 

ers'  certificate  in  such  of  the  required  subjects  as,  by  the  president 
of  said  institution,  may  be  certified  to  as  having  been  com- 
pleted in  the  course  of  study  of  the  applicant,  excepting  theory 
and  art  of  teaching,  history  of  education,  psychology,  and  school 
administration. 

Section  61.  Teachers  now  holding  certificates  which  are  in 
force  and  which  were  heretofore  issued,  as  the  result  of  an  exam- 
ination held  under  the  authority  of  law  shall  not  be  required  to 
undergo  an  examination  under  the  provisions  of  this  Act,  but 
such  certificates  are  continued  in  force  for  their  respective 
grades  and  for  the  time  provided  for  in  the  law  under  which 
they  were  granted.  After  the  promulgation  of  this  Act  no  per- 
shall  be  appointed  as  a  teacher  in  the  public  schools  unless  he  or 
she  holds  a  certificate  referred  to  in  this  Act,  or  a  diploma 
recognized  herein. 

Section  62.  The  diplomas  conferred  by  the  Peabody  Normal 
School  located  at  Nashville,  Tenn.,  upon  graduates  of  that  insti- 
tution, as  also  diplomas  conferred  by  the  State  Normal  School 
at  Natchitoches,  La. ;  as  also  diplomas  conferred  upon  the  grad- 
uates of  the  City  Normal  School  of  New  Orleans,  La.,  as  also 
diplomas  conferred  upon  the  graduates  of  the  Department  of 
Philosophy  and  Education  of  the  Louisiana  State  University 
and  Agricultural  and  Mechanical  College,  as  also  diplomas 
conferred  upon  the  graduates  of  the  Teachers'  College  of  Tu- 
lane  University,  as  also  graduates  completing  the  course  in  the 
Teachers'  Training  Department  of  all  schools,  or  institutions  of 
learning  now  authorized  by  special  Acts  of  the  General  Assembly 
to  confer  diplomas  under  the  laws  of  this  State  that  will  estab- 
lish a  teachers'  training  department  following  a  curriculum  to 
be  established  by  the  State  Board  of  Education  shall  entitle  the 
holders  thereof  to  a  first  grade  certificate,  valid  in  any  town 
or  parish  in  this  State,  the  parish  of  Orleans  excepted,  for  five 
years  from  the  date  of  graduation,  at  the  expiration  of  which 
time  the  certificates  awarded  to  the  graduates  of  the  Peabody 
Normal  School  may  be  renewed  by  the  State  Superintendent 
of  Public  Education,  upon  satisfactory  evidence  of  the  ability, 
progress  and  moral  character  of  applicants  asking  for  such 
renewal;  certificates  awarded  to  the  graduates  of  the  State 
Normal  School  may  in  like  manner,  be  renewed  at  the  expira- 


33 

tion  of  five  years  by  the  Board  of  Administratiors  of  the  said 
Normal  School;  certificates  awarded  to  the  graduates  of  the  De- 
partment of  Philosophy  and  Education  of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  may,  in  like 
manner,  be  renewed  at  the  expiration  of  five  years  by  the  Board 
of  Administrators  of  said  institution;  certificates  awarded  to 
graduates  of  the  City  Normal  School  of  New  Orleans  in  like  man- 
ner, may  be  renewed  at  the  expiration  of  five  years  by  the  Board 
of  Directors  by  whom  they  were  originally  issued;  and  certifi- 
cates awarded  to  graduates  of  all  other  institutions  having  com- 
plied with  the  curriculum  and  having  established  a  teachers' 
training  department  as  provided  in  this  section,  may  be  renewed 
at  the  expiration  of  five  years  by  the  authority  of  said  institution 
having  originally  issued  said  diploma. 

Section  63.  It  shall  be  the  duty  of  parish  superintendents 
and  teachers  of  the  public  schools  of  the  State  to  keep  such 
school  records  as  shall  be  prescribed  by  the  State  Superin- 
tendent of  Public  Education,  prior  to  receiving  his  or  her 
monthly  salary  at  the  end  of  each  month.  Each  principal  of  a 
school  shall  make  to  the  parish  superintendent  a  report  of 
the  entire  number  of  .pupils  enrolled,  the  number  of  pupils  in 
attendance  during  the  month,  the  book  used,  the  branches  taught, 
and  such  other  information  as  the  parish  superintendent  may 
deem  important.  If  any  principal  wilfully  neglects  or  fails  to  do 
this,  the  parish  superintendent  shall  withhold  two  dollars  of 
the  salary  due. 

Section  64.  The  teacher  shall  faithfully  enforce  the  school 
course  of  study  and  the  regulations  prescribed  in  pursu- 
ance of  law;  and  if  any  teacher  shall  willfully  refuse  or  neg- 
lect to  comply  with  such  requirements,  the  parish  superintendent 
shall  report  the  same  to  the  parish  school  board.  Every  teacher 
shall  have  the  power  and  authority  to  hold  every  pupil  to  a  strict 
accountability  in  school  for  any  disorderly  conduct  on  the  play 
grounds  of  the  school  or  during  intermission  or  recess,  and  to  sus- 
pend from  school  any  pupils  for  good  cause ;  provided,  that  sfcch 
suspension  shall  be  reported  in  writing  as  soon  as  practicable  to 
the  parish  superintendent,  whose  decision  shall  be  final;  and 
provided  further,  that  in  the  Parish  of  Orleans  the  principals  of 
the  schools  shall  suspend  and  report  the  same  to  the  superintend- 
ent for  approval  or  further  action. 


34 

SCHOOL  TREASURER. 

Section  65.  The  superintendent  of  the  public  schools  in 
every  parish  (Parish  of  Orleans  excepted)  shall  be  and  is 
hereby  constituted  the  treasurer  of  all  school  funds  appro- 
priated by  the  State  to  such  parish,  or  raised,  collected,  or 
donated  therein  for  the  support  of  the  free  public  school;  he 
shall  receipt  for  all  such  funds  to  the  Treasurer  of  the  State 
and  to  the  collector  of  parish  taxes. 

That  the  parish  superintendents  of  schools  made  treasurers  of 
school  funds  under  the  provisions  of  this  section,  shall  give  bond 
in  such  sums  as  may  be  required  by  the  school  board  of  the  par- 
ish; provided  that  said  bond  shall  not  be  less  than  the  greatest 
amount  in  the  hands  of  the  treasurer  during  the  previous  years 
at  any  one  time,  and  the  school  board  for  the  several  parishes 
shall  pay  the  premium  of  said  bond. 

That  the  superintendent  of  public  schools  shall  receive  no 
compensation  whatever  for  his  services  as  school  treasurer. 

The  said  treasurer  shall  deposit  the  school  funds  in  such  bank 
or  banks  as  may  be  designated  by  the  parish  school  board  under 
the  provisions  of  Act  No.  23,  of  the  special  session  of  the  General 
Assembly  of  1907. 

Section  66.  Said  treasurer  immediately  upon  the  acceptance 
of  his  bond,  shall  demand  of  his  predecessor  in  the  office  of 
treasurer  of  the  school  funds  custody  of  all  books  and  papers 
and  of  all  balances  of  school  moneys  in  his  hands  as  custodian 
-of  the  school  funds  of  the  parish. 

Section  67.  The  treasurer  shall  pay  out  the  school  funds 
entrusted  to  his  charge  only  on  warrants  drawn  by  the  president 
and  countersigned  by  the  secretary  of  the  parish  school  board, 
and  shall  state  against  what  school  district  it  is  drawn,  which 
warrant  shall  be  drawn  by  these  officers  only  in  virtue  of  appro- 
priations regularly  made  by  the  parish  board;  the  parish  board 
shall  make  annually  an  estimate  of  the  amount  of  revenue  for 
the  year,  appropriating  the  same  as  above  required,  and  no 
warrant  beyond  the  amount  estimated  shall  be  drawn  for  any 
year. 

.  These  warrants  shall  be  numbered  and  shall  specify  on  their 
face  to  whom  and  for  what  they  are  given,  and  the  date  of 


35 

the  appropriation  made  by  the  school  board;  the  treasurer 
shall  pay  these  warrants  only  to  the  extent  of  the  amount  to  the 
credit  on  his  books  and  in  the  order  in  which  they  are  presented* 
of  school  districts  in  behalf  of  which  the  warrants  shall  have 
been  drawn  and  said  warrants  shall  be  filed  in  his  office  as 
vouchers,  the  account  kept  by  him  as  treasurer  of  the  school 
fund,  shall  always  be  subject  to  examination  by  any  one  who 
chooses  to  examine  them. 

Section  68.  It  shall  be  the  duty  of  the  various  School  Boards 
throughout  the  State,  during  the  month  of  July  of  each  year  to 
adopt  .a  budget  of  revenues  to  accrue  to  said  school  board  during 
the  ensuing  year;  said  budget  not  to  include  probable  revenues 
arising  from  a  doubtful  or  contingent  source. 

(a)  Within  ten  days  after  the  adoption  of  the  budget  of 
revenues,  the  school  boards  throughout  the  State,  shall  adopt 
a  budget  of  expenditures,  not  to  exceed  (100  per  cent),  one 
hundred  per  cent  of  the  budget  of  revenues ;  in  the  parish  of  Or- 
leans the  budget  of  expenditures  shall  not  exceed  (95  per  cent) 
ninety-five  per  cent  of  said  budget  of  revenues;  said  budget  of 
expenditures  shall  detail  the  said  expenditures  and  no  item  of 
indebtedness  not  included  in  said  detailed  estimate,  shall  be  paid 
by  the  treasurer  or  ex-officio  Treasurer  of  the  School  Board, 
under  pain,  he  and  his  surety,  of  being  personally  liable  for 
any  item  so  paid,  and  not  included  in  said  budget  of  expendi- 
tures, if  during  the  course  of  the  succeeding  year,  revenues  from 
any  unexpected  or  contingent  source  should  have  -been  realized, 
and  amended  budget  of  revenues  may  be  adopted  and  an 
amended  budget  appropriating  said  revenues  in  the  same  propor- 
tion as  above,  may  also  be  adopted.  The  adoption  of  said  budget 
of  expenditures  shall  be  considered  as  the  appropriation  of  the 
revenues  without  any  other  formal  appropriation. 

(b)  In  the  Parish  of  Orleans  at  the  end  of  the  year  after 
payment  of  all  the  indebtedness  budgeted,  the  school  board  shall 
apply  said  surplus  of  (5  per  cent)  five  per  cent  to  any  indebted- 
ness of  previous  years  reduced  to  final  judgments  liquidating 
and  fixing  the  amount  of  indebtedness,  whether  the  judgments 
be  absolute  or  limited  to  the  revenues  of  any  year. 

(c)  The  duties  of  said  School  Board  above  provided  for,  may 
be  enforced  before  any  court  of  Justice  by  any  taxpayer,  re- 


36 

siding  in  the  parish  or  by  any  party  in  interest  by  such  appro- 
priate remedies  as  the  law  provides. 

Section  69.  The  Parish  School  Board  of  all  parishes  of  the 
State,  the  Parish  of  Orleans  included,  shall  make  an  enumera- 
tion of  all  educable  children  in  their  respective  parishes  before 
July  1st,  1915,  and  every  four  years  thereafter;  provided  that 
the  respective  school  board  shall  not  pay  in  excess  of  three  cents 
for  each  child  so  enumerated. 

SCHOOLS  IN  THE  PARISH  OF  ORLEANS. 

Section  70.  All  the  public  schools  of  the  Parish  of  Orleans 
and  the  management,  property  appurtenances  thereof,  and  the 
course  of  study  and  grading  thereof,  including  the  text  books 
to  be  used  therein,  shall  be  under  the  direction  and  -control  of 
the  board  of  directors  of  the  public  schools  of  said  parish.  Said 
board  shall  consist  of  five  members. 

The  first  board  shall  be  elected  at  the  regular  congressional 
election  in  the  year  1912,  and  shall  hold  office  for  a  term  of  four 
years  or  until  their  successors  are  elected .  and  qualify.  All 
vacancies  occurring  on  said  board  for  an  unexpired  term  of  one 
year  or  less  shall  be  filled  by  appointment  by  the  Governor,  and 
all  other  vacancies  shall  be  filled  at  a  special  election  called  by 
the  Governor.  The  members  of  said  Board  of  Directors  shall  be 
elected  from  the  City  at  large  under  the  general  election  laws  of 
the  State  and  in  'the  same  manner  as  are  the  members  of  the 
several  Parish  Boards  of  Directors  throughout  the  State. 

Section  71.  Said  board  is  hereby  constituted  a  body  cor- 
porate in  law  with  power  to  sue  and  be  sued  under  the  name 
and  style  of  the  Board  of  Directors  of  the  Public  Schools — Par 
ish  of  Orleans,  legal  processes  shall  be  served  on  the  President 
and  in  his  absence  or  inability  to  act  on  the  Vice-President. 
The  said  board  shall  have  the  right  to  make  such  rules  and  by- 
laws for  the  government  not  inconsistent  with  this  act  as  it  may 
deem  proper.  Three  members  shall  constitute  a  quorum  for 
the  transaction  of  business. 

The  said  board  shall  meet  as  soon  as  elected,  or  as  soon  there- 
after as  practicable,  and  organize  by  electing  a  president  and 
"ice-president  from  among  their  own  members,  and  a  secretary 


37. 

who  shall  not  be  a  member  of  the  board.  The  said  board  shall 
at  its  first  meeting,  or  as  soon  thereafter  as  practicable,  elect  a 
competent  and  experienced  educator  to  be  designated  as  super- 
intendent whose  duty  shall  be  hereinafter  described,  he  shall  hold 
office  for  a  term  of  four  years,  commencing  July  13th,  1913,  at 
the  close  of  the  term  of  the  present  superintendent  subject  to 
removal  by  the  board  for  incompetence,  neglect  of  duty  or  mal- 
feasance of  which  after  an  impartial  hearing  by  the  board  he  shall 
have  been  deemed  guilty.  The  said  board  shall  also  elect  as 
many  assistant  superintendents,  who  shall  have  the  same  quali- 
fications as  the  superintendent,  as  said  board  may  deem  necessary 
to  properly  conduct  the  public  schools  of  said  parish,  which  num- 
ber of  assistant  superintendents  may  be  increased  or  diminished 
at  the  pleasure  of  the  Board.  The  Board  may  give  to  the  assist- 
ant superintendents  such  title  or  designation  as  it  may  deem 
wise  or  advisable. 

The  said  board  shall  also  elect  an  attendance  officer,  and  em- 
ploy such  other  officers,  clerks  and  assistants  as  may  be  necessary 
to  properly  conduct  the  public  schools  of  the  parish.  In  addition 
to  the  duties  of  his  office,  which  may  be  fully  prescribed  by  the 
board,  the  secretary  shall  make  a  quarterly  report  to  the  State 
Superintendent  of  Education  of  the  cost  of  maintaining  the  City 
schools,  and  shall  keep  the  accounts  of  said  board  in  such  manner 
as  to  be  in  strict  accordance  with  such  budget  as  it  may  adopt, 
certifying  to  said  board  at  each  monthly  meeting  the  expenses 
of  said  board  for  each  current  month.  Said  board  shall  have  con- 
trol of  all  buildings,  records,  papers,  furniture  and  property  of 
any  kind  pertaining  to  the  administration  of  the  schools,  and 
shall  have  management  of  all  the  public  schools  within  the  limits 
of  the  Parish  of  Orleans.  The  said  Board  shall  also  have  power  to 
pledge  its  revenues  for  the  year  then  current,  whether  received 
from  the  State,  Parish,  Board  of  Liquidation  of  City  Debt,  or 
otherwise,  for  the  purpose  of  promptly  paying  its  obligations 
or  for  such  other  purposes  as  to  said  board  may  seem  proper. 

Section  72.  All  the  provisions  of  this  Act  shall  be  and  are 
applicable  to  the  Parish  of  Orleans,  to  the  schools  situated  there- 
in, and  to  the  board  of  directors  of  said  parish  unless  the  said 
Parish  of  Orleans  is  especially  excepted  from  the  application  of 


38 

such  provisions,  and  unless  such  provisions  are  in  conflict,  or  are 
incompatible  with,  or  are  contrary  to  the  provisions  of  this 
Act  beginning  with  Section  70  hereof.  In  addition  to  the  powers, 
duties  and  rights  hereinbefore  granted  to  and  imposed  upon 
parish  boards,  the  powers,  duties  and  rights  of  said  Board  of 
Directors  of  the  Public  Schools  of  the  Parish  of  Orleans  shall  be 
as  follows: 

First — it  shall  adjust  and  fix  equitably  the  salaries  of  teachers 
and  janitors;  also  of  the  superintendent,  secretary,  attendance 
officer,  employees,  and  of  such  assistant  superintendents  as  it 
may  deem  necessary  for  the  efficient  supervision  and  conduct  of 
the  schools. 

Second — It  shall  limit  the  annual  expenses  of  maintaining  the 
schools  to  the  annual  revenue;  the  expense  of  any  one  month 
shall  not  exceed  the  one-ninth  part  of  the  whole  amount  provided 
for  the  schools  for  the  then  current  year. 

Third — It  shall  prescribe  rules  for  subjecting  teachers  or  can- 
didates for  teacherships  in  the  grades  of  the  elementary  schools 
to  a  careful  competive  examination  on  all  branches  they  are 
expected  to  teach,  and  no  -such  person  shall  be  elected  to  a 
position  as  teacher  without  a  favorable  report  on  his  moral  or 
mental  qualifications  by  an  organized  committee  of  examiners 
appointed  by  the  board. 

Nothing  in  this  Act  shall  be  so  construed  as  to  vacate  the  office 
of  any  teacher  for  which  he  or  she  shall  have  been  appointed 
under  existing  laws,  now  as  requiring  persons  now  teaching  in 
the  public  schools  of  the  Parish  of  Orleans,  to  qualify  in  accord- 
ance with  this  Act. 

All  teachers  now  employed  in  said  public  schools  shall  be  re- 
garded as  permanent  employees  of  said  Board  of  Directors  of  the 
Pubic  Schools  of  the  Parish  of  Orleans,  and  said  teachings  shall 
not  be  removed  from  office,  except  on  written  charges  of  immor- 
ality, neglect  of  duty,  incompetency,  malfeasance  or  nonfeasance 
of  which  he  has  been  found  guilty  by  the  Board  after  such  in- 
vestigation and  report  as  may  be  ordered  or  provided  for  by 
rules  and  regulations  to  be  adopted  by  the  said  board,  provided, 
that  the  marriage  of  a  female  teacher  at  any  time  shall  ipso  facto 
vacate  her  position. 


39 

All  teachers  hereafter  appointed  in  said  schools  shall  be  ap- 
pointed annually  for  the  first  three  years,  after  which  time  the 
appointment  shall  be  permanent  upon  a  favorable  recommenda- 
tion by  the  Superintendent. 

Fourth — It  shall  elect  all  teachers  for  the  grades  in  elementa- 
ry schools  from  among  the  candidates  holding  certificates  in  the 
order  of  their  merit  as  shown  by  the  averages  attained  at  the 
regular  competitive  examinations,  provided  for  under  paragraphs 
three  and  nine  of  this  section. 

Fifth — All  certificates  shall  be  good  for  five  years  and  shall  be 
graded  by  the  said  committee  of  examiners  hereinabove  provided 
for,  provided,  teachers  in  service  shall  not  be  required  to  stand 
future  examinations. 

Sixth — It  shall  hold  regular  monthly  meetings  on  a  day  to  be 
fixed  by  it. 

Seventh — It  shall  declare  vacant  the  position  of  any  of  its 
members  who  shall  have  failed  to  perform  the  duties  assigned  to 
him,  or  who  shall  have  absented  himself  from  two  successive 
monthly  meetings  of  the  board  "without  leave,  or  shall  have  been 
guilty  of  any  breach  of  decorum  or  of  any  other  act  inconsistent 
with  the  dignity  of  a  school  director;  and  it  shall  report  each 
vacancy  to  the  Governor. 

Eighth — It  may  maintain  evening  or  night  schools  for  the  in- 
struction of  such  persons  as  are  prevented  by  their  daily  voca- 
tion from  receiving  instruction  during  the  day. 

Ninth — It  may  maintain  one  or  more  normal  schools  for  pro- 
fessional training  and  improvement  of  candidates  for  teacher- 
ships  including  the  course  of  instruction  and  training,  lectures 
in  the  natural  sciences,  and  on  the  method  of  teaching  and  discip- 
lining- children,  and  the  practical  exercises  of  nonteaching  stu- 
dents in  model  classes  organized  for  that  purpose  by  the  faculty 
of  the  institution.  To  graduates  of  these  normal  schools,  also  to 
proficient  students  in  the  city  high  schools,  the  board  may,  in  its 
discretion,  award  diplomas  showing  the  grade  attained.  Gradu- 
ates of  these  normal  schools  may  be  deemed  preferred  candidates 
for  vacant  positions  in  the  parish  public  schools.  Diplomas 
awarded  to  graduates  of  these  normal  schools  shall  be  deemed 
equivalent  to  teaching  certificates  of  the  highest  grade  for  public 


40 

schools ;  provided  that  the  rank  of  said  graduate  of  these  normal 
schools  in  the  list  of  candidates  eligible  for  teacherships  in  the 
grades  of  the  elementary  schools  shall  be  based  on  the  average  of 
all  the  grades  in  the  various  subjects  in  their  course  of  study  in 
said  normal  schools. 

Tenth — The  board  of  directors  shall  appropriate  annually  not 
less  than  the  sum  of  two  thousand  dollars,  or  as  much  thereof  as 
may  be  needed  for  the  purchase  of  school  books  to  be  used  by 
pupils  in  the  public  schools  of  the  parish  of  Orleans,  which  said 
books  shall  be  distributed  as  the  said  board  of  directors  may  pro- 
vide and  shall  be  used  by  children  to  whom  distributed  under 
such  conditions,  restrictions,  rules  and  regulations  as  the  board 
may  prescribe. 

Eleventh — The  said  board  of  directors  shall,  make  an  enumer- 
ation of  all  educable  children  in  the  Parish  of  Orleans  before 
July  1st,  1915,  and  every  four  years  thereafter. 

Section  73.  No  school  director  of  the  Parish  of  Orleans  shall 
receive  any  compensation  for  his  services  as  such  director. 

Section  74.  The  Parish  Superintendent  of  Public  Schools 
of  the  Parish  of  Orleans  shall  aid  the  directors  in  organizing  the 
schools  and  in  improving  the  methods  of  instruction  therein,  in 
examining  candidates  for  teacherships,  and  in  conducting 
periodical  examination  of  pupils  for  promotion  through  the  res- 
pective grades  of  the  schools,  and  in  maintaining  general  uni- 
formity and  discipline  in  the  management  of  all  schools.  He 
shall  make  monthly  reports  on  the  condition  and  needs  of  the 
schools  to  his  board  of  directors  at  their  regular  meetings.  For 
the  information  of  the  common  council,  the  school  directors,  and 
the  public  generally,  he  shall,  on  or  before  the  tenth  day  of 
December  of  each  year,  publish  a  printed  report,  in  book  form, 
showing  the  condition  and  progress,  and  possible  improvements 
to  be  made  in  the  public  schools  in  the  Parish,  the  amount  and 
condition  of  the  school  funds,  how  the  revenues  have  been  dis- 
tributed during  the  past  year,  the  amount  collected  and  dis- 
bursed for  common  school  purposes  from  the  general  current 
school  fund  of  the  State,  from  local  taxation  or  appropriation, 
and  from  all  other  sources  of  revenue,  and  how  the  same  was 
expended  for  buildings,  repairs,  salaries,  furniture,  and  ap- 


41 

paratus,  and  all  other  items  of  expenditure.  The  report  will 
show,  also,  the  number  of  pupils  enrolled,  male,  female,  white 
and  colored,  the  number  of  and  location  of  school  houses,  the 
number  of  teachers  employed  in  the  various  grades,  in  the  nor- 
mal, high,  grammar,  primary,  and  kindergarten  schools,  and 
the  daily  average  attendance  of  pupils  during  th<?  annual  ses- 
sion and  the  average  expenses  per  capita  of  their  instruction ;  it 
shall  contain,  also,  an  account  of  examinations  held  for  teacher- 
ships,  the  number  of  certificates  of  each  grade  awarded,  the  names 
of  applicants  who  received  them,  and  generally  all  other  items  of 
information  which  should  be  contained  in  a  report  upon  the  an- 
nual operation  of  the  school  system  of  a  large  city.  Copies  of 
this  report  shall  be  forwarded,  one  each,  to  the  Governor  and 
members  of  the  State  Board  of  Education,  the  State  Superintend- 
ent of  Education,  the  members  of  the  Common  Council  of  the 
City  of  New  Orleans,  and  to  other  officials  and  persons  interested 
in  the  welfare  and  progress  of  the  Parish  Schools.  He  shall  be 
entitled  to  participate  in  the  deliberations  and  debates  of  said 
board  but  shall  have  no  vote.  Whenever  notified  to  be  present, 
he  shall  attend  meetings  of  the  State  Board  of  Education. 

Section  75.  The  Treasurer  of  the  City  of  New  Orleans  shall 
ex-officio  be  the  Treasurer  of  said  board  and  shall  receive  all 
funds  apportioned  by  the  State  to  such  city,  or  received  or 
collected  for  the  support  of  the  free  public  schools  from  any 
and  all  sources.  He  shall  give  bond,  with  good  and  solvent 
security  in  the  sum  of  fifty  thousand  dollars  ($50,000)  in 
favor  of  the  said  board  and  its  successors  in  office,  to  be  ac- 
cepted and  approved  by  said  board  and  recorded  in  the  mort- 
gage office  of  the  Parish,  and  which  bond  shall  then  be  filed 
and  kept  on  record  in  the  office  of  the  said  board.  The  filing  of 
said  bond,  and  taking  and  filing  the  usual  oath  of  office  before 
any  officer  authorized  to  administer  same,  shall  qualify  the  Treas- 
urer to  act. 

Section  76.  Said  Treasurer  shall  hold  his  office  during  his 
term  of  office  as  City  Treasurer,  unless  sooner  removed  after  due 
trial  and  hearing  by  the  said  board,  for  neglect  of  duty  or  mal- 
feasance in  office;  and  in  case  of  removal  by  the  board,  it  shall 
elect  a  treasurer  who  shall  not  be  a  member.  H.e  shall  receive  the 
sum  of  fifteen  hundred  dollars  per  annum  for  the  trouble  and 


42 

expenses  which  may  be  incurred  by  him  in  the  discharge  of  the 
duties  imposed  under  this  act,  payable  monthly.  He  shall  keep 
his  office  open  at  all  such  times  as  may  be  prescribed  by  said  board 
for  the  payment  of  pay  rolls  or  checks  in  favor  of  teachers  and 
other  employees  of  the  board. 

Section  77.  It  shall  be  the  duty  of  the  Common  Council  of 
the  City  of  New  Orleans,  in  making  up  their  budget  of  annual 
expenses,  to  include  therein  the  amount  necessary  to  meet  the 
expenses  of  the  schools,  as  shown  by  the  statement  of  the  actual 
attendance,  and  the  cost  of  instruction  with  such  additional  al- 
lowance for  probable  increased  attendance  and  contingent  ex- 
penses as  may  seem  just  and  reasonable  to  the  City  Council,  and 
keep  in  good  repair  all  school  houses  and  school  grounds  belong- 
ing to  the  City  of  New  Orleans  and  in  charge  of  the  said  board 
of  directors.  That  hereafter  whenever  the  City  of  New  Orleans 
contemplates  the  erection  of  a  new  school  building,  the  said 
Board  of  Directors  of  the  Public  Schools  of  the  Parish  of  Or- 
leans, shall  have  the  right  to  designate  the  name  and  location  of 
said  school. 

ACT    No.  11    OF    1912 

Be  it  resolved  by  the  House  of  Representatives,  the  Senate 
concurring,  that  the  Registrar  of  the  Land  Office  and  the  Attor- 
ney General  be,  and  they  are  hereby  directed  to  look  into  the 
matter  of  sixteenth  section  lands  and  school  indemnity  lands  set 
aside  for  the  benefit  of  the  public  schools  of  the  State  of  Louis- 
iana, and  to  prepare  a  statement  which  will  show  all  sixteenth 
sections  and  indemnity  lands-  that  were  originally  set  aside  for 
the  benefit  of  the  public  schools  in  the  various  parishes,  what 
lands  have  been  sold,  and  what  was  done  with  the  funds  realized 
from  the  sale  of  such  lands,  and  what  sixteenth  sections  and 
school  indemnity  lands  are  still  owned  by  the  various  parishes 
for  the  benefit  of  the  public  schools,  and  where  located.  Where 
funds  realized  from  the  sale  of  sixteenth  sections  and  school 
indemnity  lands  have  not  been  properly  credited  on  the  State 
Auditor's  books- for  the  benefit  of  the  parishes  entitled  to  them, 
the  Attorney  General  shall  take  the  necessary  action  to  require 
the  State  Auditor  to  make  the  proper  corrections. 


43 

ACT    No.  34    OF    1912 

Section  1.  Any  person,  who  in  any  manner,  foi  exhibition  01 
display,  shall  after  this  act  takes  effect,  place  or  cause  to  be 
placed  any  word,  figure,  mark,  picture,  design,  drawing  or  any 
advertisement  of  any  nature  upon  any  flag,  standard,  color  or 
ensign  of  the  United  States  or  State  flag  of  this  State,  or  ensign, 
or  shall  expose  or  cause  to  be  exposed  to  public  view,  any  such 
flag,  standard,  color  or  ensign  upon  which  after  this  act  takes  ef- 
fect, shall  have  been  printed,  painted,  or  otherwise  placed,  or 
to  which  shall  be  attached,  appended,  affixed,  or  annexed,  any 
word,  .figure,  mark,  picture  design,  or  drawing,  or  any  advertise- 
ment of  any  nature,  or  who  shall,  after  the  first  day  of  Septem- 
ber, 1912,  expose  to  public  view,  manufacture,  sell,  expose  for 
sale,  give  away,  or  have  in  possession  for  sale,  or  to  give  away,  or 
for  use  for  any  purpose  any  article,  or  substance,  being  an  article 
of  merchandise,  or  a  receptacle  of  merchandise  or  article  or  thing 
for  carrying  or  transporting  merchandise,  upon  which  after  this 
act  takes  effect,  shall  have  been  printed,  painted,  attached  or 
otherwise  placed,  a  representation  of  any  such  flag,  standard, 
color,  or  ensign  to  advertse,  call  attention  to  ,decorate,  mark  or 
distinguish  the  article  or  substance,  on  which  so  placed,  or  who 
shall  publicly  mutilate,  deface,  defile,  or  defy,  trample  upon,  or 
cast  contempt,  either  by  words  or  act,  upon  any  such  flag,  stand- 
ard, color,  or  ensign,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  thirty 
days,  or  both  in  the  discretion  of  the  court.  The  words  flag, 
standard,  color,  or  ensign,  as  used  in  this  subdivision  or  section 
shall  include  any  flag,  standard,  color,  or  ensign,  or  any  picture 
or  representation,  of  either  thereof,  .made  of  any  substance,  or 
represented  on  any  substance,  and  of  any  size,  evidently  pur- 
porting to  be,  either  of,  said  flag,  standard,  color,  or  ensign,  of 
the  United  States  of  America,  or  a  picture  or  a  representation, 
of  either  thereof,  upon  which  shall  be  shown  the  colors,  the  stars, 
and  the  stripes,  in  any  number  of  either  thereof,  or  by  which 
the  person  seeing  the  same,  without  deliberation  may  believe 
the  same  to  represent  the  flag,  colors,  standard,  or  ensign,  of 
the  United  States  of  America. 


44 

The  possession  after  this  act  takes  effect,  by  any  person,  other 
than  a  public  officer,  as  such,  of  any  such  flag,  standard,  color 
or  ensign,  on  which  shall  be  anything  made  unlawful  at  any 
time  by  this  section,  or  of  any  article  or  substance  or  thing 
on  which  shall  be  anything  made  unlawful  at  any  time  by  this 
section,  shall  be  presumptive  evidence  that  the  same  is  in  violation 
of  the  section,  and  was  made,  done  or  created  after  this  act 
takes  effect,  and  that  such  flag,  standard,  color,  ensign,  or  article, 
substance,  or  thing,  did  not  exist  when  this  act  takes  effect. 

Section  2.  When  by  any  statute  of  this  state,  the  use  of  the 
flag  of  the  United  States  of  America,  or  of  any  picture  or  rep- 
resentation of  such  flag,  is  made  penal  or  unlawful,  this  act 
shall  not  apply  to  any  act  permitted  by  the  statutes  of  the  United 
States  of  America  or  by  the  United  States  army  and  navy  regu- 
lations nor  shall  it  be  construed  to  apply  to  any  newspaper, 
periodical,  book,  pamphlet,  circular,  certificate,  diploma,  war- 
rant or  commission  of  appointment  to  office,  ornamental  picture, 
article  of  jewelry,  or  stationery  for  use  in  correspondence,  on 
any  of  which  shall  be  printed,  painted  or  placed,  said  flag,  dis- 
connected from  any  advertisement. 

ACT    No.  39    OF    1912 

Section  1.  The  official  flag  of  Louisiana  shall  be  that  flag 
now  in  general  use,  consisting  of  a  solid  blue  field  with  the  Coat- 
of-Arms  of  the  State,  the  pelican  feeding  its  young,  in  white  in 
the  center,  with  a  ribbon  beneath,  also  in  white,  containing  in 
blue  the  motto  of  the  State,  "Union,  Justice  and  Confidence," 
the  whole'  showing  as  below. 

Section  2.  The  said  State  flag  shall  be  displayed  on  the  State 
House  whenever  the  General  Assembly  is  in  session  and  on 
public  buildings  throughout  the  State  on  all  legal  holidays  and 
whenever  otherwise  directed  by  the  Governor  or  the  General  As- 
sembly. , 

ACT    No.  69    OF    1912 

Section  1.  The  police  juries  of  the  several  parishes  of  the 
State,  under  such  regulations  as  they  may  prescribe  be  and 
are  hereby  authorized  to  appropriate  and  use  from  parish  funds 


45 

any  sum  or  sums  of  money  not  exceeding  altogether  one  thousand 
dollars  per  year  in  aid  of  the  Farmers'  Co-operative  Demonstra- 
tion Work  in  their  respective  parishes  jointly  with  the  agents 
and  representatives  of  the  United  States  Department  of  Agri- 
culture, upon  such  terms  and  conditions  as  may  be  agreed,  upon 
between  the  several  police  juries  and  said  agents  and  represen- 
tatives. 

ACT    No.  145    OF    1912 

Section  1.  The  police  juries  of  the  several  parishes  of  this 
State  are  empowered  to  acquire  the  ownership  of  a  tract  of  land 
and  when  so  acquired  the  title  to  the  same  shall  rest  in  the 
public  provided,  however,  in  those  parishes  having  large  areas 
of  different  classes  of  soil  are  empowered  under  this  act  to  ac- 
quire tracts  as  aforesaid  representative  of  the  several  classes 
of  soil  that  predominate  in  the  particular  parish. 

Section  2.  The  tracts  of  land  so  acquired  are  to  be  consti- 
tuted Parish  Experimental  Farms  and  the  parish  is  to  improve 
said  property  so  that  it  may  be  worked  by  the  parish  in  accord- 
ance with  plans  to  be  suggested  by  the  State  and  United  States 
Agricultural  Departments,  provided  that  the  police  juries  of  the 
said  parishes  may  utilize  in  the  working  of  the  same  its  parish 
prisoners. 

Section  3.  The  Parish  Experimental  Farms  provided  for 
by  this  act  are  estabished  for  the  purpose  of  demonstrating  the 
possibilities  of  the  soil  in  the  respective  parishes,  and  in  every 
way  to  disseminate  a  scientific  knowledge  of  agriculture,'  and  in 
consequence  the  work  and  results  so  obtained  on  the  Parish  Ex- 
perimental Farms  are  to  be  open  to  the  inspection  and  study 
of  the  public  at  stated  times. 

Section  4.  With  a  view  of  stimulating  a  friendly  rivalry 
as  to  the  most  successful  results  obtained  upon  the  said  Parish 
Experimental  Farms,  it  is  further  provided  that  a  selection  of 
the  best  results  of  each  year's  work  upon  said  Parish  Experimen- 
tal Farms  may  be  assembled  and  exhibited  annually  at  the  State 
Fair  in  the  building  owned  and  set  apart  by  the  State  as  an 
Agricultural  Hall  at  the  State  Fair  of  Louisiana. 


46 

Section  5.  The  Police  Juries  are  empowered  to  make  pro- 
vision in  their  budgets  for  the  carrying  out  of  this  act  at  the 
earliest  practicable  time  that  the  finances  of  each  parish  will 
permit. 

ACT   No.  118    OF    1912 

Section  1.  The  Board  of  Trustees  of  the  Southern  Univer- 
sity, are  hereby  directed  to  sell  all  of  its  present  property,  real 
and  personal  save  and  except  such  personal  property  as  will 
be  useful  or  necessary  for  the  purpose  of  the  Southern  Univer- 
sity, situated  in  the  State  of  Louisiana,  and  particularly  in  the 
Parishes  of  Jefferson  and  Orleans,  for  a  sum  not  less  than 
$50,000  upon  such  terms  and  conditions  as  said  Board  of  Trus- 
tees may  determine ;  provided,  that  the  sale  contemplated  by  this 
section  shall  be  first  submitted  to  the  Governor  of  the  State  for 
his  approval,  in  writing,  which  written  approval  shall  be  attach- 
ed to  the  Act  or  Acts  of  Sale  as  authority  to  the  notary  to  pass 
the  deed.  The  proceeds  of  said  sale  shall  be  held  by  the  Board 
of  Trustees  of  the  said  University  to  be  invested  in  the  manner 
and  in  such  property  as  hereinafter  provided. 

Section  2.  The  said  Board  of  Trustees,  within  a  reasonable 
time  after  the  passage  of  this  Act,  shall  acquire  a  suitable  site 
for  said  Southern  University,  in  the  rmral  section  of  the  State, 
and  upon  said  site  erect  appropriate  buildings,  containing  such 
equipment  as,  in  the  judgment  of  the  said  Board  of  Trustees, 
is  necessary  and  proper  for  carrying  on  of  the  said  Southern 
University,  under  the  terms  of  this  Act,  and  under  the  terms 
of  Act  No.  87  of  1880,  that  said  Board  of  Trustees  shall,  prioi? 
to  executing  the  deed  of  sale  for  the  property  herein  contem- 
plated to  be  purchased,  submit  the  terms  and  conditions  of 
said  purchase  and  the  location  of  said  property,  to  the  Governor 
of  the  State,  for  his  approval,  and  his  written  approval  of  the 
location  and  the  terms  and  conditions  of  the  purchase,  shall  be 
the  authority  to  the  said  Board  of  Trustees,  to  execute  the  deed 
of  purchase.  The  sessions  shall  continue  in  said  university  and 
on  said  farm  until  the  new  site  of  the  university  is  provided  for 
unde'r  the  provisions  of  this  act. 

Section  3.  In  addition  to  carrying  out  the  University  pur- 
poses set  forth  in  Section  7  of  Act  No.  87,  of  1880,  said 


47 

Board  of  Trustees  shall  have  power  and  it  shall  be  their  duty 
to  establish  a  department  of  said  Southern  University,  which 
shall  be  known  as  "The  Industrial  and  Agricultural  Normal 
School;"  that  said  "Industrial  and  Agricultural  Normal 
School"  shall  be  equipped  in  such  manner  and  provided  with 
such  teachers,  so  as  to  instruct  persons  of  color,  male  and  female, 
to  be  teachers,  so  they  can  teach  industrial  and  agricultural 
subjects  in  schools  for  youths  of  both  sexes  of  the  colored  race. 

Section  4.  It  shall  be  the  duty  of  the  Board  of  Trustees 
of  the  Southern  University,  as  soon  as  practicable  after  the 
establishment  of  the  University  upon  the  new  site  contemplated 
in  this  Act,  to  establish  a  department  of  the  University,  which 
-hal]  be  known  as  "The  Model  Industrial  and  Agricultural 
School, ' '  and  at  least  eight  grades  shall  be  created  in  said  school, 
in  which  to  assign  pupils,  and  said  grades  and  the  course  of 
teaching  to  be  taught  therein,  shall  lie  set  forth  in  proper  regu- 
lations to  be  formulated  by  the  said  Board  of  Trustees,  provided 
that  air  teachers  in  the  said  "Model  Industrial  and  Agricultural 
School"  shall  be  persons  of  the  colored  race. 

Section  5.  The  said  Board  of  Trustees  shall  be  empowered 
to  enact  general  rules  and  by-laws  for  the  said  University  in  all 
its  departments,  whether  said  departments  appertain  to  indus- 
trial and  agricultural  subjects  or  to  the  arts  and  letters,  and 
to  elect  a  President  of  the  Faculty,  the  professors  and  teachers 
and  determine  their  compensation;  also  all  officers  and  em- 
ployees that  may  be  necessary,  and  prescribe  their  duties  and 
compensation;  providing  that  the  President  of  the  Faculty,  the 
professors,  teachers  and  all  other  employees  except  only  the  Board 
of  Trustees,  themselves,  shall  be  persons  of -the  colored  race.  All 
members  of  the  Board  of  Trustees  shall  be  of  the  white  race, 
and  the  Board  shall  consist  of  one  member  from  each  of  the 
Congressional  Districts,  appointed  for  a  term  of  four  years,  by 
the  Governor  of  the  State,  and  the  State  Superintendent  of 
Public  Education  and  the  Governor,  the  Governor  to  be  Chair- 
man of  the  Board. 


48 

ACT    No.  125    OF    1912 

Section  1.  The  Attorney  General  of  the  State  of  Louisi- 
ana in  the  Parish  of  Orleans  and  the  District  Attorney  of  the 
several  Judicial  Districts  of  the  State  of  Louisiana,  other  than 
the  Parish  of  Orleans,  shall  ex-officio  and  without  extra  com- 
pensation, general  or  special,  be  the  regular  attorneys  and  coun- 
cil for  the  Police  -Juries  and  School  Boards  within  the  Par- 
ish of  Orleans  and  within  their  respective  Districts  and  of 
every  State  Board  or  Commission  domiciled  therein,  including 
Levee  Boards,  Hospital  and  Asylum  Boards,  educational  Boards 
and  Dock  Boards^  and  all  State  Boards,  or  Commissions,  the 
members  of  which,  in  whole  or  in  part,  are  elected  by  the  peo- 
ple, or  appointed  by  the  Governor  or  other  prescribed  authori- 
ty, except  all  State  Boards  and  Commissions  domiciled  at  the 
City  of  Baton  Rouge,  Parish  of  East  Baton  Rouge,  and  all 
Boards  in  charge  or  in  control  of  State  institutions ;  and  it  shall 
be  unlawful  for  any  Police  Jury,  School  Board,  or  State  Board 
or  commission  to  retain  or  employ  for  any  compensation  whatever 
any  attorney  or  counsel  to  represent  it  generally,  or  except  as 
hereinafter  provided,  to  retain  or  employ  any  special  attorney 
or  counsel  for  any  compensation  whatever  to  represent  it  in  any 
special  matter,  or  pay  any  compensation  for  any  legal  services 
whatever;  Provided  that  the  Orleans  Levee  Board  shall  select 
its  own  attorney  who  shall  also  be  'the  attorney  for  the  Board  of 
Commisioners  of  the  port  of  New  Orleans  at  a  salary  of  Twenty- 
five  Hundred  Dollars  per  annum,  to  be  paid  jointly  by  the  Or- 
leans Levee  Board  and  the  Board  of  Commissioners  of  the  Port 
of  New  Orleans  at  the  rate  of  Twelve  Hundred  and  Fifty  Dol- 
lars yearly  each.  Provided  further  that  the  provisions  of  this 
Act  shall  not  apply  to  the  Board  of  Assessors  of  the  Parish  of 
Orleans,  the  salary  of  whose  attorney  is  paid  by  the  City  of  New 
Orleans,  and  the  Board  of  School  Directors  of  the  Parish  of  Or- 
leans, for  which  board  the  city  attorney  of  the  City  of  New  Or- 
leans is  ex-officio  Attorney. 

Section  2.  In  the  event  it  should  be  necessary  to  protect  the 
public  interest  for  any  State  Board  or  Commission  to  retain  or 
employ  any  special  attorney  or  counsel  to  represent  it  in  any 
special  matter  for  which  services  any  compensation  is  to  be  paid 


49 

by  it,  it  shall  have  the  power  and  authority  to  retain  or  employ 
such  special  attorney  or  counsel  solely  on  the  joint  written  ap- 
proval of  the  Governor  and  the  Attorney  General  of  the  State 
and  to  pay  only  such  compensation  as  the  Governor  and  the 
Attorney  General  may  designate  in  said  written  approval,  the 
said  approval  to  be  given  in  their  discretion  only  upon  the  ap- 
application  of  such  Board  or  Commission  by  a  resolution  thereof 
setting  forth  fully  reasons  for  the  proposed  retention  or  employ- 
ment of  such  special  attorney  or  counsel  and  the  amount  of  the 
proposed  compensation,  provided  the  Governor  and  Attorney 
General  shall  not  ratify  or  approve  any  action  of  such  Board 
in  employing  any  special  attorney  or  counsel  or  paying  any 
compensation  for  special  services  rendered,  unless  all  formalities 
as  provided  by  this  act  as  to  resolutions,  etc.,  have  been  complied 
with. 

Section  3.  No  Police  Jury  or  Parish  School  Board  shall  re- 
tain or  employ  any  special  attorney  or  counsel  to  represent  it  in 
any  special  matter  or  pay  any  compensation  for  any  legal  ser- 
vices whatever  unless  a  real  necessity  exists  therefor  made  to 
appear  by  a  resolution  thereof,  stating  fully  the  reasons  for  such 
action  and  the  compensation  to  be  paid,  which  resolution  shall  be 
spread  upon  the  minutes  of  such  body  and  published  in  the 
official  journal  of  the  Parish. 

Section  4.  The  District  Attorneys  who  shall  refuse  or  will- 
fully fail  to  perform  the  duties  required  of  them  by  this  act  or 
wilfully  fail  to  render  faithful  and  efficient  services  in  such  re- 
gard shall  be  deemed  guilty  of  malfeasance  and  gross  misconduct 
and  removal  from  office  in  the  manner  prescribed  by  law,  and 
the  members  of  Police  Juries,  Parish  School  Boards,  and  State 
Boards  or  Commissions  aforesaid,  who  shall  violate  any  of  the 
provisions  of  this  act,  and  any  attorney  or  counselor  who  shall 
knowingly  accept  such  prohibited  employment  or  compensation 
shall  be  deemed  guilty  as  principals  of  a  misdemeanor  and  on 
conviction  sentenced  to  pay  a  fine  of  not  less  than  twenty-five' 
nor  more  than  two  hundred  and  fifty  dollars  and  imprisoned  for 
not  less  than  ten  nor  more  than  ninety  days  and  in  addition 
thereto  the  members  of  such  Boards  or  Commissions  shall  be 
deemed  guilty  of  malfeasance  and  gross  misconduct  and  re- 


50 

moved  from  office  in  the  manner  prescribed  by  law  if  elected  by 
the  people,  and  by  the  Governor  or  other  prescribed  authority, 
if  appointed. 

Section  5.  The  Goverrior  may  in  his  discretion  require  and 
direct  the  Attorney  General  to  render  any  Police  Jury,  Parish 
School  Board,  or  State  Board  any  special  serivces  in  any  matter 
and  when  deemed  necessary  in  the  case  of  a  State  Board  or  Com- 
mission to  assume  full  charge  and  control  of  all  legal  proceedings 
relating  to  such  matter. 

ACT    No.  151    OF    1912 

Section  1.  Act  No.  168  of  the  Acts  of  the  General  Assem- 
bly of  the  State  of  Louisiana  for  the  year  1894,  be  amended  and 
re-enacted  so  as  to  read  as  follows: 

That  whenever  a  sixteenth  section  donated  to  the  State  of  Lou- 
isiana by  an  act  of  Congress  for  school  purposes  is  located  in  a 
township  not  habitable  by  reason  of  said  township  being  swamp 
or  sea  marsh,  the  Board  of  School  Directors  may,  upon  the 
petition  of  the  land  owners  owning  in  area  more  than  one-half 
of  the  land  in  the  township,  order  the  sale  of  such  sixteenth 
section  by  resolution  or  motion  passed  by  a  majority  of  the 
members  of  such  board  present  and  voting. 

Section  2.  When  a  sale  of  a  sixteenth  section  is  ordered 
as  authorized  in^  the  first  section  of  this  act,  the  same  shall  be 
made  by  the  Parish  Treasurer  of  the  Parish  in  which  the  six- 
teenth section  is  located,  in  person  or  by  the  sheriff  or  any  auc- 
tioneer of  the  parish,  designated  by  him.  Said  sale,  however, 
shall  be  made  only  after  the  same  has  been  advertised  for 
thirty  days  in  a  newspaper  published  in  the  parish  where  the 
property  is  located ;  and  where  no  newspaper  is  published  in  the 
parish,  then,  by  posting  a  written  or  printed  notice  for  thirty 
days  at  or  near  the  front  door  of  the  courthouse  in  the  parish 
where  the  property  is  situated  and  at  two  other  public  places  in 
•  such  parish.  On  the  day  named  in  the  advertisement,  the  said 
section  shall  be  sold  as  a  whole  or  in  lots  of  not  less  than  forty 
acres,  at  the  principal  front  door  of  the  courthouse  of  the  parish 
in  which  the  property  is  situated,  between  the  hours  of  Eleven 
O'Clock  A.  M.  and  Four  0 'Clock  P.  M.,  with  appraisement,  to 


51 

the  last  and  highest  bidder  and  without  a  prior  survey  of  the 
property  and  upon  the  following  terms  and  conditions:  One- 
tenth  (1-10)  or  more  in  cash  at  the  option  of  the  purchaser, 
and  the  remainder,  if  any,  in  nine  (9)  equal  annual  install- 
ments, bearing  eight  (8  per  cent)  per  cent  interest  per  annum 
from  date  interest  payable  annually  and  the  deeds  shall  con- 
tain the  usual  Security  clauses  and  a  stipulation  to  pay  ten  (10) 
per  cent  attorney's  fees  in  the  event  the  services  of  an  attorney 
are  secured  for  the  purpose  of  collecting  same. 

Section  3.  That  the  deed  of  the  Parish  Treasurer  shall  be 
full  and  complete  evidence  of  the  sale  and  shall  convey  a  good 
and  valid  title  to  the  property  sold  and  have  all  the  force  and 
effect  of  a  notarial  act;  and  all  moneys  or  notes  received  under 
and  by  virtue  of  such  sale  shall  be  disposed  of  by  him  in  the 
manner  now  required  by  law. 

ACT    No.  42    OF    1912 

Section  1.  That  Section  1  of  the  Act  109,  of  1906,  approved 
July  7,  .1906,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

That  there  is  now  and  shall  hereafter  be  levied,  solely  for  the 
support  of  the  public  schools,  on  all  inheritances,  legacies  and 
other  donations  mortis  causa  to  or  in  favor  of  the  direct  de- 
scendants or  ascendants  or  surviving  wife  or  husband  of  the 
decedent,  a  tax  of  two  per  centum,  and  on  all  such  inheritances 
or  dispositions  to  or  in  favor  of  the  collateral  relatives  of 
the  deceased,  or  strangers,  a  tax  of  five  per  centum  on  the  amount 
or  the  actual  cash  value  thereof  at  the  time  of  the  death  of  the 
decedent. 

Section  2.  That  Section  2  of  said  Act  109  of  1906,  approved 
July  7,  1906,  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

The  said  tax  shall  not  be  imposed  in  the  following  cases : 

(a)  On  any  inheritance,  legacy,  or  other  donation  mortis 
causa  to  or  in  favor  of  any  ascendant  or  descendant  or  sur- 
viving wife  or  husband  of  the  decedent  below  ten  thousand  dol- 
lars in  amount  or  value. 

(b)  On  any  legacy  or  other  donation  mortis  causa  to  or  in 
favor  of  any  educational,  religious  or  charitable  institutions.    . 


52 

(c)  "When  the  property  inherited,  bequeathed  or  donated 
shall  have  borne  its  just  proportion  of  taxes  prior  to  the  time  of 
such  donation,  bequest  or  inheritance. 

ACT    No.  73    OF    1912 

Section  1.  There  shall  be  collected  and  preserved,  all  mus- 
ter rolls,  records,  and  other  facts  and  materials  showing  the 
officers  and  enlisted  men  of  the  several  companies,  battalions, 
regiments  and  other  organizations  from  Louisiana  in  the  Mili- 
tary, Marine  or  Naval  Service  of  the  Confederate  States  of 
America,  and  the  name  of  all  Louisianians  of  whatever  rank 
in  the  military,  marine  or  naval  service  of  the  Confederate 
States,  whether  regulars,  volunteers,  conscripts,  militia,  re- 
serves, home  guards  or  local  troops. 

Section  2.  The  Governor  be  and  is  hereby  authorized  and  in- 
structed to  appoint  a  Confederate  Veteran  from  a  list  of  names 
to  be  submitted  by  the  Louisiana  Division  of  the  United  Confed- 
erate Veterans  through  the  Commander  thereof,  to  be  known  as 
the  Commissioner  of  Louisiana  Military  Records,  whose  duty  it 
shall  be  forthwith  to  collect  and  preserve  such  muster  rolls, 
records,  facts  and  other  materials  as  herein  prescribed,  and  to 
perform  such  other  duties  as  may  be  imposed  upon  him  by  law. 
He  shall  by  advertisement,  visitation,  correspondence,  search  and 
by  every  other  means  at  his  command,  seek  to  obtain  the  muster 
rolls,  records  or  other  materials  above  referred  to,  and  shall  re- 
ceive them  either  by  gift  or  loan  to  the  State.  He  shall  compile 
and  properly  index  the  same  in  a  manner  that  will  enable  any 
one  to  readily  and  plainly  and  without  difficulty,  find  the  name 
command  and  military  record  of  men  who  served  from  the  State 
of  Louisiana  in  the  Confederate  Army  using  a  card  or  other  index 
system  as  may  be  most  available  and  convenient,  and  is  author- 
ized to  secure  the  publication  of  as  many  copies  in  book  form  as 
may  be  necessary.  The  publication  when  completed  shall  be 
under  the  control  of  the  Governor,  who  in  his  discretion  shall 
direct  said  Commissioner  to  furnish  a  copy  free  of  cost,  to  each 
of  the  colleges,  seminaries,  schools  and  public  libraries,  universi- 
ties and  colleges  of  other  Southern  States  and  to  exchange  the 
same  for  similar  publications  from  any  other  States,  and  to  sell 
copies  to  the  public  at  a  price  not  less  than  the  cost  of  publication. 


53 

Section  3.  Said  Commissioner  shall  prepare  a  short  history, 
showing  the  organization  of  every  company,  battalion,  regiment 
or  other  organization  that  was  in  the  military,  marine  or  naval 
service  of  Louisiana,  or  was  contributed  by  Louisiana  to  the  Mil- 
itary, marine  or  naval  service  of  the  Confederate  States,  whether 
regulars,  volunteers,  conscripts,  home  guards  or  local  troops, 
militia  or  reserves,  and  stating  as  far  as  practicable  the  service 
rendered  and  the  battles,  combats  or  skirmishes  in  which  they 
were  engaged. 

That  he  shall  also,  as  far  as  practicable,  collect  pictures,  por- 
traits and  photographs  of  the  officers  and  soldiers  who  served  in 
the  Civil  "War,  and  of  the  battles  which  occurred  during  said 
war,  as  well  as  of  military  scenes  and  points  of  interest  in  con- 
nection therewith.  ,  ,i;  '  i;j 

That  he  shall  ascertain  and  report  what  parishes,  cities  or 
towns  have  caused  the  rolls  of  the  organizations  contributed  by 
Louisiana,  to  be  put  on  record,  and  where  this  has  not  been  done, 
shall  encourage  its  accomplishment;  and 

That  he  shall  take  a  list  and  report  of  all  battles,  combats 
and  actions  which  took  place  in  Louisiana  during  the  Civil  War, 
and  shall  mark  and  annotate  upon  a  map  of  Louisiana,  so  as 
to  show  the  parishes  in  which  they  fought. 

Section  4.  Said  Commissioner  of  Louisiana  Military  Rec- 
ords shall  commence  his  duties  immediately  upon  his  appoint- 
ment, that  he  shall,  hold  office  until  his  successor  is  appointed 
and  qualified;  and  that  he  shall  report  semi-annually  to  the 
Governor,  showing  the  progress  made  by  him. 

That  the  Governor  shall  have  the  power  to  remove  said  Com- 
missioner for  any  just  and  reasonable  cause,  and  to  appoint 
another  in  his  stead  at  any  time,  such  new  appointment  to  be 
on  the  recommendation  as  above  provided  for  in  Section  2  of 
this  Act. 

That  upon  the  assembling  of  the  General  Assembly  to  be 
elected  in  April,  1916,  the  officer  of  the  Commissioner  of  Louis- 
iana Military  Records  shall  cease  and  this  Act  cease  to  be  in 
force,  unless  otherwise  provided  by  the  General  Assembly. 

Section  5.  The  said  Commissioner  of  Louisiana  Military 
Records  is  hereby  authorized  to  employ  an  assistant  as  Chief 


54 

Clerk  and  such  additional  clerical  assistance  as  he  may  need  and 
can  be  paid  for  out  of  the  appropriation  of  this  Act. 

Section  6.  The  sum  of  $3,500.00  be  and  is  hereby  appropri- 
ated out  of  any  general  fund  money  in  the  State  Treasury  not 
otherwise  appropriated,  for  immediate  use  in  paying  expenses 
of  copying  official  military  rolls  in  the  war  department,  "Wash- 
ington, D.  C. 

That  the  sum  of  $3,500.00  payable  out  of  the  general  fund 
of  1912  and  $3,500.00  payable  out  of  the  general  fund  of  1913 
for  the  annual  salary  of  the  Commissioner  of  Louisiana  Military 
Records  and  the  further  sum  of  $3,000.00  payable  out  of  the  gen- 
eral fund  of  1912,  and  $3,000.00  payable  out  of  the  gen- 
eral fund  of  1913  for  clerical  assistance,  rent,  travelling  ex- 
penses, stationery,  and  other  office  expenses,  be  and  the  same 
is  hereby  appropriated.  That  the  appropriation  herein  made 
shall  be  payable  on  the  warrant  of  the  Commissioner  of  Louisiana 
Military  Records. 

ACT    No.    162    OF    1912 

Section  1.  That  Article  210  of  the  Constitution  be  amended 
so  as  to  read  as  follows :  • 

Article  210:  No  person  shall  be  eligible  to  any  office,  State, 
judicial,  parochial,  municipal  or  ward,  who  is  not  a  citizen  of 
this  State  and  a  duly  qualified  elector  of  the  State,  judicial  dis- 
trict, parish,  municipality  or  ward,  wherein  the  functions  of 
said  office  are  to  be  performed;  Provided,  that  resident  women 
over  the  age  of  twenty-five  years  shall  be  eligible  to  hold  any 
office  connected  with  the  public  educational  system  of  the  State, 
or  of  any  ward,  parish,  or  municipality  in  the  State,  and  to  hold 
any  office  in  the  State  connected  wth  institutions  of  charity  or 
correction.  And  whenever  any  officer,  State,  judicial,  parochial, 
municipal  or  ward,  may  change  his  residence  from  this  State,  or 
from  the  district,  parish,  municipality  or  ward  in  which  he  holds 
such  office,  the  same  shall  thereby  be  vacated,  any  declaration  of 
retention  of  domicile  to  the  contrary  notwithstanding. 

Section  2.  That  this  proposed  amendment  be  submitted  to 
the  electors  of  the  State  of  Louisiana  for  their  approval  or  re- 
jection, as  required  by  Article  321  of  the  Constitution  of  the 


55 

State  of  Louisiana  and  the  general  election  laws  of  the  State, 
at  the  next  Congressional  election  to  be  held  in  this  State  in 
November,  1912. 

Section  3.  That  on  the  official  ballots  to  be  used  at  said  elec- 
tion shall  be  placed  the  words  "For  the  proposed  amendment  to 
Article  210  of  the  Constitution  relative  to  women,"  and  the 
words  "Against  the  proposed  amendment  to  Article  210  of  the 
Constitution  relative  to  women,"  and  each  elector  shall  indicate, 
as  provided  in  the  general  election  laws  of  the  State  whether  ne 
votes  for  or  against  said  amendment. 

ACT    No.    123    OF    1912 

Section  1.  That  the  Register  of  the  State  Land  Office  be  and 
is  hereby  authorized,  when  it  is  made  to  appear  from  the  records 
of  his  office  and  such  other  evidence  as  he  may  require,  that  a 
township  has  not  received  from  the  State  the  school  indemnity 
lands,  to  which  it  is  entitled,  to  issue  a  warrant  in  the  name  of 
the  President  of  the  School  Board  of  the  Parish  in  which  the 
said  township  is  located  for  the  number  of  acres  due  the  said 
township. 

Section  2.  The  warrants  issued  under  Section  One  of  the 
provisions  of  this  act  shall  be  assignable  by  the  School  Board  for 
not  less  than  $5.00  per  acre,  and  that  the  said  warrants  shall 
be  locatable  upon  any  vacant  State  lands  subject  to  entry. 

Section  3.  On  the  location  of  the  warrants  authorized  by 
this  Act  a  patent  shall  issue,  as  required  by  existing  law,  in  the 
name  of  the  locator  for  the  amount  of  land  specified  in  such 
warrant. 

ACT    No.  232   OF    1912 

Section  1.  That  Section  1  of  Act  222  of  the  General  Assem- 
bly of  the  State  of  Louisiana  of  the  year  1910  be  amended  and 
re:enacted  so  as  to  read  as  follows : 

Section  1.  From  and  after  October  1,  1910,  every  parent, 
guardian  or  other  person,  residing  within  the  boundaries  of  the 
Parish  of  Orleans,  having  control  or  charge  of  any  child  or  chil- 
dren between  the  ages  of  eight  (8)  and  fourteen  (14)  years, 
inclusive,  shall  send  such  child  or  children  to  a  public,  private, 


56 

denominational,  or  parochial  day  school  each  school  year,  during 
the  time  in  which  the  public  schools  of  the  Parish  of  Orleans 
shall  be  in  session,  under  such  penalty  for  non-compliance  here- 
with as  is  hereinafter  provided.  Said  child  or  children  may  be 
excused  from  such  attendance  by  the  Attendance  or  Truant  Of- 
ficers of  the  Parish,  upon  the  presentation  of  satisfactory  evi- 
dence that  the  bodily  or  mental  condition  of  the  child  or  children 
is  such  as  to  prevent  or  render  inadvisable  attendance  at  school 
or  application  to  study ;  or  that  such  child  or  children  are  being 
instructed  at  home  in  the  common  school  branches,  or  that  the 
child  or  children  have  completed  the  prescribed  elementary  school 
course  of  study,  or  if  the  public  school  facilities  within  twenty 
city  blocks  of  the  home  of  the  child  or  children  are  not  adequate 
to  accommodate  such  child  or  children,  provided,  that  no  excuse 
from  attendance  shall  be  valid  for  more  than  three  months  except 
where  the  child  has  completed  the  elementary  course,  or  if  the 
public  school  facilities  within  twenty  city  blocks  of  the  home  of 
the  child  or  children  are  not  adequate  to  accommodate  such  child 
or  children.  Every  parent,  srnardian,  or  person  in  the  Parish  of 
Orleans  having  charge  or  control  of  a  child  between  the  ages  of 
14  and  16  years  who  is  not  regularly  and  lawfully  engaged  for 
at  least  six  hours  each  day  in  some  useful  employment  or  service, 
shall  cause  said  child  to  attend  regularly  some  day  school  accord- 
ing to  the  provisions  of  this  section. 

ACT    No.  14    OF    1912 

Section  1.  The  Ursuline  Nuns,  a  religious  institution  for  the 
education  of  young  ladies,  situated  in  the  Parish  of  Orleans,  and 
duly  recognized  as  a  body  corporate,  and  entitled  to  the  enjoy- 
ment and  exercise  of  all  the  rights,  duties  and  privileges  apper- 
taining to  civil  corporations,  by  repeated  acts  of  the  General 
Assembly  of  the  State  of  Louisiana,  shall  have  the  power  and 
is  hereby  authorized  to  graduate  students  and  to  confer  such 
literary  honors  and  degrees  and  to  grant  such  diplomas  as  are 
conferred  and  granted  by  any  colleges,  universities  or  seminaries 
of  learning  in  the  United  States  and  Europe,  to  such  graduates 
of  said  institution,  or  other  persons,  as  may  be  provided  for  under 
such  rules  and  regulations,  and  over  the  signatures  of  such  per- 
son or  persons  as  said  corporation  may  adopt. 


57 

ACT    No.  136    OF    1912 

Section  1.  "Loyola  University,"  a  corporation  organized 
under  the  laws  of  this  State  and  domiciled  in  the  City  of  New 
Orleans,  be  and  is  hereby  authorized  and  empowered  to  confer 
upon  its  students,  or  upon  any  person  deemed  by  it  worthy  of 
such  distinction,  degrees  in  the  arts  and  sciences  and  all  the 
learned  professions,  such  as  are  granted  by  other  universities  in 
the  United  States,  and  to  give  diplomas  or  certificates  thereof. 

Provided  that  the  curriculum  or  course  .of  study  in  the 
learned  professions  shall  equal  that  maintained  by  other  standard 
Universities. 

Section  2.  Said  degrees  and  diplomas  or  certificates  shall 
be  recognized  by  the  courts  and  all  officials  of  this  State,  as  en- 
titling the  graduates  receiving  said  degrees  and  holding  said 
diplomas  or  certificates,  to  the  same  rights,  immunities  and  privi- 
leges in  the  State  of  Louisiana  as  the  graduates  of  any  other  uni- 
versity or  institution  of  learning  whatsoever. 

ACT    No.  185    OF    1912 

Section  1.  That  the  sum  of  Fifty  Thousand  Dollars  ($50,- 
000),  for  the  year  ending  June  30th,  1913,  and  Fifty  Thousand 
Dollars  ($50,000)  for  the  year  ending  June  30th,  1914,  be  and 
the  same  is  hereby  appropriated  out  of  any  moneys  not  otherwise 
appropriated,  to  be  used  for  the  aid  and  support  of  the  State 
Approved  High  Schools  of  Louisiana. 

Section  2.  In  the  event  there  are  no  funds  available  with 
which  to  pay  this  appropriation,  the  State  Board  of  Liquidation 
is  hereby  authorized  and  directed  to  borrow  the  same, from  the 
fiscal  agents  of  this  State. 

ACT    No.  186    OF   1912 

Section  1.  That  the  sum  of  Fifty  Thousand  Dollars  ($50,- 
000)  for  the  year  ending  June  30th,  1913,  and  Fifty  Thousand 
Dollars  ($50,000)  for  the  year  ending  June  30th,  1914,  be  and 
the  same  is  hereby  apppropriated,  out  of  any  moneys  not  other- 
wise appropriated,  to  be  used  for  the  aid  and  support  of  the  De- 
partments of  Agriculture  and  Domestic  Science  in  the  public 
schools  of  Louisiana. 


58 

Section  2.  In  the  event  there  are  no  funds  available  with 
which  to  pay  this  appropriation,  the  State  Board  of  Liquidation 
is  hereby  authorized  and  directed  to  borrow  the  same  from  the 
fiscal  agents  of  this  State. 

(Accepting  and   Regulating   Donations,  Act  158,  '04.) 

Section  1.  The  Board  of  Education  for  the  State  of  Louisi- 
ana; the  Board  of  Directors  of  the  public  schools  of  each  and 
every  parish  in  the  State,  the  Parish  of  Orleans  included,  shall 
have  the  power  to  accept  and  administer  donations  mortis  causa 
or  inter  vivos  for  any  educational  or  literary  purpose  whatso- 
ever, and  it  shall  be  lawful  for  any  one  to  make  such  a  donation 
of  any  description  of  property,  and  to  any  amount  to  any  one  or 
more  of  such  boards. 

Sec.  2.  The  donor  shall  have  the  right  to  prescribe  the 
manner  in  which  the  property  shall  be  administered,  and  the 
objects  to  which  it  or  any  part  thereof,  or  the  revenues  thereof, 
shall  be  applied ;  provided,  however,  that  property  donated,  can- 
not be  made  inalienable,  but  the  donor  thereof  shall  have  the  right 
to  prescribe  in  what  manner,  and  under  what  circumstances,  the 
donees  shall  be  empowered  to  sell  the  same,  or  any  portion 
thereof,  or  to  change  any  investments  once  made. 

Sec.  3.  Said  Board  or  Boards  shall  administer  the  property 
entrusted  to  them  in  conformity  with  the  directions  contained 
in  the  act  of  donation,  and  shall  have  all  the  powers  needed  in 
such  administration,  but  cannot  mortgage  nor  encumber  the 
donated  property,  except  as  may  be  prescribed  in  the  act  of  do- 
nation. The  said  Board  or  Boards  shall  be  entitled  to  no  re- 
muneration for  their  services,  unless  expressly  granted  in  the 
act  of  donation. 

Sec.  4.  The  provisions  of  the  laws  of  this  State,  relative 
to  substitutions  fidei  commisa  and  trusts  shall  not  be  deemed  to 
apply  or  affect  donations  made  for  the  purposes  and  in  the 
manner  provided  in  this  act,  and  all  laws  or  parts  of  laws  con- 
flicting with  the  provisions  of  this  act  be,  and  the  same  are 
hereby  repealed  insofar  as  regards  the  purposes  of  this  act,  but 
not  otherwise. 


59 

(Assessor's  Fee  for  Assessing  School  Taxes,  S.  1,  A.  213,  '08.) 

The  tax  assessors  of  each  parish  of  the  State  ****** 
shall  receive  as  an  annual  compensation  for  his  labors,  services 
and  duties  four  per  cent  (4  per  cent)  of  the  first  fifty  thousand 
dollars  ($50,000.00)  aggregate  amount  of  all  State,  parish  and 
poll  taxes  assessed,  and  two  per  cent  (2  per  cent)  on  any  excess 
over  fifty  thousand  dollars  ($50,000.00)  ;  provided  that  nothing 
herein  shall  be  so  construed  as  to  allow  assessors  more  than  two 
per  cent  on  special  school  taxes,  and  for  his  services,  duties  or 
labors  in  assessing  or  extending  on  the  rolls  any  and  all  leveo 
taxes  the  sum  of  one  hundred  dollars  ($100),  except  where  the 
parish  for  which  the  assessor  is  elected  lies  in  more  than  one 
levee  district,  in  which  case  he  shall  receive  the  sum  of  two  per 
cent  (2  per  cent)  on  the  aggregate  amount  of  such  taxes;  pro- 
vided no  assessor  shall  receive  less  than  four  hundred  dollars 
($400)  in  any  parish  for  each  annual  assessment  of  State,  parish, 
poll  and  all  levee  taxes.  That  the  payment  of  this  compensation 
shall  be  distributed  between  the  State,  parish,  school  boards, 
cities  and  towns  and  other  taxing  district  or  division  in  propor- 
tion to  the  amount  received  by  each. 

(Powers  of  the  District  Board  in   Expropriations,  S.  1492,  R.  S.) 

When  land  shall  be  required  for  the  erection  of  a  schoolhouse 
or  for  enlarging  a  schoolhouse  lot,  and  the  owner  refuses  to  sell 
the  same  for  a  reasonable  compensation,  the  District  Board  of 
School  Directors  shall  have  the  power  to  select  and  possess  such 
sites  embracing  space  sufficiently  extensive  to  answer  the  pur- 
pose of  schoolhouse  and  ground. 

(Expropriation   of   Property  for   Public  Schools;    For  Schoolhouse  Sites, 
Act  208  of  1906,  amending  and  re-enacting  Act  227  of  1902.) 

"Whenever  the  State  or  any  political  corporation  of  the  same 
created  for  the  purpose  of  exercising  any  portion  of  the  govern- 
mental powers,  in  the  same,  or  the  board  of  administrators  or 
directors  of  any  charity  hospital,  or  any  board  of  school  directors 
thereof,  or  any  corporation  constituted  under  the  laws  of  this 
State  for  the  construction  of  railroads,  plank  roads,  turnpike 
roads,  or  canals  for  navigation,  or  for  the  construction  or  opera- 
tion of  water  works  or  sewerage  to  supply  the  public  with  water 
and  sewerage,  (or  for  the  piping  and  marketing  of  natural  gas 


60 

for  the  purpose. of  supplying  the  public  with  natural  gas),  or  for 
the  purpose  of  transmitting  intelligence  by  magnetic  telegraph, 
cannot  agree  with  the  owner  of  the  land  which  may  be  wanted  for 
its  purchase,  it  shall  be  lawful  for  such  State  corporation,  board 
of  administrators,  directors  or  persons  to  apply  by  petition  to 
the  district  court,  in  which  the  same  may  be  situated,  or  if  it 
extends  into  two  districts,  to  the  judge  of  the  district  court  in 
which  the  owner  resides,  and  if  the  owner  does  not  reside  in 
either  district,  to  either  of  the  district  courts,  describing  the  land 
necessary  for  the  purposes,  with  a  plan  of  the  same,  and  a  state- 
ment of  the  improvement  thereon,  if  any,  and  the  name  of  the 
owner  thereof,  if  known  at  present  in  the  State,  with  a  prayer 
that  the  land  be  adjudged  to  such  State,  .corporation,  board  of 
administrators  or  directors  upon  payment  to  the  owner  of  all 
such  damages  as  he  may  sustain  in  consequence  of  the  expropria- 
tion of  said  land  for  such  public  works ;  all  claims  for  lands  or 
damages  to  the  owner  caused  by  its  taking  or  expropriation  for 
such  public  work  shall  be  barred  by  two  (2)  years  prescrip- 
tion which  shall  commence  to  run  from  the  date  at  which  the 
land  was  actually  occupied  and  used  for  the  construction  of 
the  works. 

All  the  existing  laws  for  the  forms  and  processes  of  expro- 
priation of  property  shall  be  applicable  to  the  said  act  and  sec- 
tion thus  amended  and  re-enacted. 

(Relative  to  the  Value  of  the  Grounds,  S.  1493,  R.  S.) 

Should  such  landholder  deem  the  sum  assessed  too  small,  he 
shall  have  the  right  to  institute  suit  before  any  proper  judicial 
tribunal  for  his  claim;  but  the  title  shall  pass  from  him  to  the 
school  corporation. 

(Pupils'  Eyes  to  Be  Tested,  A.  292,  '08.) 

Section  1.  The  State  Board  of  Health  and  Superintendent 
of  Education  shall  prepare  or  cause  to  be  prepared,  suitable  test 
cards,  blanks  and  record  books,  and  all  other  necessary  appliances 
to  be  used  in  testing  the  sight  and  hearing  of  pupils  in  the  public 
schools  of  the  State,  together  with  the  necessary  instructions  for 
the  use  of  same;  and  the  Superintendent  of  Education  •  shall 
furnish  said  test  cards,  record  books,  blanks  and  appliances  to- 


61 

gether  with  the  necessary  instructions  for*  the  use  to  every  pub- 
lic school  in  the  State. 

Sec.  2.  The  Superintendent,  Principal  or  Teacher  in  every 
school,  during  the  month  of  September  or  during  the  first  month 
of  school,  or  within  thirty  days  after  the  admission  of  any  pu- 
pils entering  the  school  late  in  the  session,  shall  in  each  year, 
test  the  sight  and  hearing  of  each  and  all  pupils  under  his  or 
her  charge,  and  shall  keep  a  record  of  such  examination  ac- 
cording to  the  instructions  furnished,  and  shall  notify  in  writing 
the  parent,  tutor,  tutrix  or  guardian  of  every  pupil  who  shall 
be  found  to  have  any  defect  of  sight  or  hearing  or  any  disease 
of  eyes  or  ears  of  such  defect;  and  shall  make  a  written  report 
of  all  such  examinations  to  the  State  Superintendent  of  Educa- 
tion. 

(Forfeited  Bonds,  S.  1044,   R.  S.) 

The  several  district  attorneys  throughout  the  Sta/te  shall  be 
entitled  to  demand  and  receive  one-fifth  of  all  sums,  fir°t  deduct- 
ing the  percentage  allowed  by  law  to  the  sheriff  for  collecting 
and  paying  over  the  same,  which  may  be  collected  on  forfeited 
bonds  in  criminal  prosecutions  and  misdemeanors  in  any  court 
of  justice. 

(Quarterly  Statements  to  Be  Furnished  Supervisor  of  Public  Accounts 
by  Parish  Superintendent  and  State  Superintendent,  S.  5,  A.  25, 
'10.) 

All  State  boards  and  commissions  and  other  public  offices 
created  by  law,  and  all  educational  and  eleemosynary  institutions 
of  this  State  including  parish  school  boards,  road  and  drainage 
districts,  shall  furnish  to  said  Supervisor  of  Public  Accounts, 
quarterly,  in  each  year,  sworn  statements  of  all  moneys  received 
by  them,  from  what  sources,  and  all  moneys  expended  by  them 
and  for  what  purposes;  said  statements  shall  be  accompanied 
by  vouchers  and  other  papers  necessary  to  prove  the  correct- 
ness of  the  same  and  no  officer  shall  destroy  any  voucher  or 
other  paper  belonging  to  his  office  before  same  has  been  examined 
and  passed  upon  by  said  Supervisor  of  Public  Accounts.  . 

It  shall  be  the  duty  of  the  Supervisor  of  Public  Accounts  to 
check  said  statements,  and,  if  any  irregularities  exist  to  call  the 
attention  of  those  responsible  thereto.  In  case  of  any  irregulari- 


62 

ties  or  defalcations  or  failure  of  any  officer  or  employee  to 
comply  with  the  provisions  of  this  Act,  it  shall  be  the  duty  of 
the  Supervisor  of  Public  Accounts  to  immediately  notify  the 
Governor  of  the  State.  The  quarterly  sworn  statements  pro- 
vided in  this  section  shall  be  furnished  the  Supervisor  of  Public 
Accounts  between  the  first  and  fifteenth  of  January,  April,  July 
and  October  of  each  year;  the  Supervisor  of  Public  Accounts 
shall  install  a  system  of  accounting  in  every  office,  which  by 
law  it  is  made  his  duty  to  inspect  and  report  upon.  The  Super- 
visor of  Public  Accounts  shall  return  all  vouchers  to  the  re- 
spective offices  after  inspection. 

(Form    of    Accounts    Prescribed;    Records   to    Be    Kept    in    Office,    S.    6, 
A.  25,  '10.) 

All  public  offices,  boards,  commissions  and  eleemosynary  and 
educational  institutions  of  this  State  and  all  parochial  school 
boards,  road  and  drainage  districts,  shall  provide  an  office  for 
their  secretary  and  treasurer  where  their  books  and  records  must 
be  kept.  All  accounts  shall  be  kept  in  the  form  prescribed  by 
the  Supervisor  of  Public  Accounts;  that  any  failure  of  any 
officer  or  employee  to  furnish  the  Supervisor  of  Public  Accounts 
with  any  information  requested  shall  immediately  report  to  the 
Governor  of  the  State,  who  will  take  such  action  as  he  may  deem 
proper.  The  Supervisor  of  Public  Accounts  is  authorized  to 
administer  oaths  and  the  Assistant  Supervisor  of  Public  Ac- 
counts when  acting  under  instructions  of  the  Supervisor  of 
Public  Accounts  shall  have  the  same  power  and  authority  as  is 
granted  under  this  Act  to  the  Supervisor  of  Public  Accounts, 
except  in  the  matter  of  administering  oaths. 

(Reports    Filed    by   Supervisor;    Duty   of  School    Board    Treasurer,   S.   7, 
A.  25,  '10.) 

The  Supervisor  of  Public  Accounts  shall  make  all  reports 
of  his  examination  in  duplicate,  one  to  be  filed  with  the  Gover- 
nor and  one  in  the  office  investigated,  unless  otherwise  provided 
in  this  Act;  if  the  report  of  any  examination  discloses  any  vio- 
lation by  any  public  officer  or  employee,  the  Supervisor  of  Pub- 
lic Accounts  shall  furnish  an  additional  copy  to  the  district 
attorney  of  the  parish  where  said  offense  was  committed.  That 
the  Auditor  of  Public  Accounts  shall  furnish  the  Supervisor  of 


63 

Public  Accounts,  in  writing,  whenever  a  tax  collector  is  delin- 
quent, and  every  parish  treasurer  and  every  parish  school  board 
treasurer  shall  notify  the  Supervisor  of  Public  Accounts  when- 
ever any  sheriff  is  delinquent  in  his  settlement. 

(Penalty  for  Neglect  of  Duty,  S.  10,  A.  25,  '10.) 

Section  10.  That  any  public  officer  or  employee  in  an  office 
that  is  subject  to  examination  by  the  Supervisor  of  Public  Ac- 
counts who  willfully  neglects  or  fails  to  furnish  said  Super- 
visor of  Public  Accounts  with  such  papers,  accounts,  books,  or 
other  documents  which  he  has  the  right  to  inspect  or  audit  un- 
der the  terms  of  the  Act,  or  who  shall  willfully  refuse  or  neg- 
lect to  transmit  to  said  Supervisor  of  Public  Accounts  such 
reports,  statements  or  accounts,  or  other  documents,  upon 
request  as  provided  by  the  terms  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor  in  office  and  shall,  upon  conviction, 
suffer  a  fine  of  not  less  than  twenty-five  dollars,  nor  more  than 
five  hundred  dollars,  or  be  imprisoned  not  less  than  ten  days 
nor  more  than  six  months,  or  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court  having  jurisdiction. 

(Fees  of  Tax  Collectors,  SS.  1,  2,  A.  181,  '08.) 

That  for  all  services,  labors '  and  duties  performed  by  each 
Sheriff  and  ex-officio  Tax  Collector  throughout  the  State  of 
Louisiana  as  Tax  Collector,  Parish  of  Orleans  excepted,  he  shall 
be  paid  five  per  centum  on  the  first  seventy-five  thousand  dol- 
lars, aggregate  amount  of  all  State,  Parish,  District,  Poll,  and 
other  taxes  and  licenses,  collected  by  him  and  actually  paid  by 
him  into  the  State  and  Parish  Treasury  or  to  the  authority 
designated  by  law  to  receive  the  same ;  and  two  per  centum  on 
the  next  forty-five  thousand  dollars,  and  one  per  cent  on  all 
amounts  over  one  hundred  and  twenty  thousand  dollars,  pro- 
vided that  no  Sheriff  and  ex-officio  Tax-  Collector  shall  receive 
for  the  collection  of  all  taxes  more  than  eight  thousand  dollars 
per  annum,  provided  further  that  no  Sheriff  and  ex-officio  Tax 
Collector  shall  receive  any  compensation  for  the  collection  of 
special  school  taxes  except  in  parishes  where  the  total  amount  of 
State,  Parish,  Levee  and  PoU  Taxes  and  licenses  collected  do 
not  amount  to  $50,000.  Be  it  further  provided  that  in  parishes 


64 

where  the  collection  of  State,  Parish,  Levee  and  Poll  taxes  and 
licenses  do  not  amount  to  $50,000  the  Sheriff  and  ex-fficio  Tax 
Collector  shall  receive  five  per  cent  on  amount  collected  and 
actually  paid  into  the  State  and  Parish  Treasury  or  to  the 
authority  designated  to  receive  the  same. 

The  payment  of  the  compensation  herein  provided  for  the 
Sheriff  and  ex-officio  Tax  Collector  for  the  collection  of  Taxes 
and  Licenses  shall  be  distributed  between  the  State,  Parish, 
School  Board  and  other  taxing  districts  or  divisions  and  licenses 
in  proportion  to  the  amount  of  taxes  and  licenses  received  by 
each. 

(Columbus  Day,  A.  56,  1910.) 

The  several  school  boards  of  the  State  of  Louisiana  shall 
annually  authorize,  direct  and  instruct  the  parish  superintendent 
of  education,  or  other  proper  authority  to  observe  the  anniver- 
sary of  the  date  of  the  discovery  of  America  by  Christopher 
Columbus,  October  12,  by  such  fitting  and  appropriate  exercises, 
as  the  said  various  and  several  school  boards  may  determine 
upon  and  select. 

Sec.  2.  Any  failure  upon  the  part  of  the  said  several  and 
various  school  boards  and  parish  superintendents  to  comply 
with  the  provisions  of  this  Act,  shall  subject  said  school  boards 
and  members  thereof,  and  the  parish  superintendent  to  charges 
of  nonfeasance,  and  neglect  of  duty,  which  may  be  preferred 
by  any  person,  before  the  proper  authority. 

(Bird  Day  Established,  S.  14,  A.  198,  '06.) 

Section  14.  The  State  and  Parish  Boards  of  Public  Educa- 
tion are  directed  to  provide  for  the  celebration,  by  all  public 
schools,  of  "Bird  Day,"  on  May  fifth  of  each  year,  being  the 
anniversary  of  the  birth  of  John  James  Audubon,  the  distin- 
guished son  of  Louisiana. 

On  the  recurring  anniversary  days,  suitable  exercises  are  to 
be  engaged  in,  and  lessons  on  the  economic  and  esthetic  value  of 
the  resident  and  migratory  birds  of  the  State  are  to  be  taught, 
by  the  teachers,  to  their  pupils. 

(Accounts  State  Treasurer  Shall   Keep,  S.  1326,   R.  S.) 

An  account  shall  be  opened  on  the  books  of  the  treasurer,  to 
be  called  the  Current  School  Fund ;  such  account  shall  be  charged 


65 

with  the  annual  expenditures  for  the  public  schools  and  credited 
with  the  net  receipt  for  the  special  taxes  laid  by  the  General 
Assembly  for  the  support  of  the  public  schools,  and  with  the 
receipts  from  such  other  sources  as  may  be  designated  by  law. 
It  shall  be  the  duty  of  the  Auditor,  in  his  annual  report,  to  pre- 
sent a  statement  of  the  condition  of  said  fund,  and  an  estimate 
of  the  special  tax  needed  for  the  support  of  the  public  schools 
during  the  ensuing  year  beyond  the  receipts  for  said  support 
from  other  sources.  It  shall  be  the  duty  of  the  Superintendent  of 
Public  Education  to  furnish  the  Auditor  with  all  information  he 
may  require  for  his  said  report. 

(School   Fund;    How  Applied,  S.  1327,  R.  S.) 

The  Current  School  Fund  shall  be  used  for  the  support  of 
the  public  schools,  and  the  surplus  of  receipts  over  expenditures 
for  any  one  year,  shall  be  appropriated  to  the  support  of  public 
schools  during  the  ensuing  year;  and  the  Act  numbered  224  of 
eighteen  hundred  and  fifty-four,  and  the  Acts  180  and  265  of 
eighteen  hundred  and  fifty-five,  which  direct  said  surplus  to  be 
funded,  be  and  the  same  are  hereby  repealed. 

(Interest  on  United  States  Deposit  Funds,  S.  1328,  R.  S.) 

The  interest  on  the  United  States  deposit  fund  shall  be 
appropriated  to  the  annual  support  of  the  public  schools,  pro- 
vided by  the  Constitution  ;  and  it  shall  be  the  duty  of  the  Auditor 
and  Treasurer  annually  to  transfer  from  the  general  fund  of 
the  treasury  to  the  current  school  fund  the  sum  of  twenty-eight 
thousand  seven  hundred  and  ninety-five  dollars  and  fourteen 
cents,  the  amount  of  said  interest. 

(Bonds  and  Fines,  S.  64,  A.  214,  '02.) 

All  lines  imposed  by  the  several  district  courts  for  violation 
of  law,  and  the  amounts  collected  on  all  forfeited  bonds  in 
criminal  cases,  after  deducting  commissions,  shall  be  paid  over 
by  the  sheriff  of  the  parish  in  which  the  same  are  imposed  and 
collected,  to  the  treasurers  of  the  school  boards  in  said  parishes, 
and  shall  be  applied  to  the  support  of  the  public  schools  as  are 
applied  the  other  funds  levied  for  the  purpose,  the  parish  of 
Orleans  excepted. 


66 

(Special  School  Taxes  Authorized,  S.  1,  A..  256  of  1910. 

Parishes,  wards,  cities,  towns,  villages,  school  districts,  road! 
districts,  drainage  districts  and  -sub-drainage  districts  are  de- 
clared to  be  political  sub-divisions  of  the  State,  and  special  taxes 
may  be  levied  and  debt  incurred'  and  negotiable  bonds  issued 
therefor  as  hereinafter  provided,  except  that  the  Parish  of  Or- 
leans and  the  City  of  New  Orleans  are  exempted  from  the 
provisions  of  this  Act.  The  governing  authority  of  subdivisions 
herein  defined  shall  be  for  parishes,  wards  and  road  districts 
within  such  parish,  the  Police  Jury  of  the  Parish;  for  cities, 
towns  and  villages,  the  municipal  boards  thereof,  for  drainage 
and  sub-drainage  districts,  the  drainage  commissions  of  the 
drainage  district;  for  school  districts,  the  school  board  of  the 
parish  in  which  they  are  located,  and  when  a  school  district  is 
composed  of  lands  of  more  than  one  Parish,  then  the  school 
board  of  the  parish  which  furnishes  the  territory  in  said  school 
district  carrying  the  highest  assessment. 

(School    Board    Authorized    to    Call     Election    for    Special    Taxes,    S.    2, 
A.  256  of  1910.) 

The  Police  Jury  of  any  parish  acting  for  the  parish,  a  wa-rd 
or  road  district  therein  and  the  governing  authorities  of  any 
other  subdivision  as  herein  defined  shall  have  authority  to  call 
a  special  election  for  the  purpose  of  submitting  to  the  property 
taxpayers  who  are  authorized  to  vote  at  such  election  under  the 
Constitution  and  laws  of  the  State  of  Louisiana,  a  proposition 
to  levy  a  special  tax  not  to  exceed  the  limit  that  is  now  or  may 
hereafter  be  fixed  by  the  Constitution  of  Louisiana  for  the  pur- 
pose of  giving  additional  aid  to  public  schools,  constructing  or 
purchasing  any  work  of  public  improvement  in  keeping  with  the 
objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  in  the  subdivision  in 
which  such  tax  is  levied ;  and  at  the  same  election,  similarly  called 
and  held,  a  proposition  may  be  submitted  to  the  property  tax- 
payers as  to  whether  or  not  they  will  incur  debt  and  issue  nego- 
tiable bonds  therefor  not  to  exceed  ten  (10  per  cent)  per  centum 
of  the  assessed  value  of  the  property  for  the  subdivision  calling 
said  election,  to  be  issued  for  the  purpose  of  purchasing  or  con- 
structing works  of  public  improvement  in  keeping  with  the 


67 

objects  and  purposes  for  which  the  subdivision  was  created,  and 
the  title  to  which  shall  vest  in  the  public  or  sub-division  levying 
the  tax.  That  such  governing  authority  shall  be  required  to  call 
an  election  for  either  of  the  purposes  above  mentioned  when 
requested  to  do  so  by  the  petition  in  writing  of  one-fourth  of  the 
property  taxpayers  eligible  to  vote  in  said  election. 

(Resolution  Calling  the  Election;   Publication,  S.  3,  A.  256,  '10.) 

In  the  resolution  calling  the  election,  the  rate,  object  and 
purpose  for  which  the  tax  is  to  be  levied  and  the  number  of 
years  it  is  to  run,  must  be  stated.  If  the  proposition  is  to  incur 
debt  and  issue  negotiable  bonds  therefor,  the  object  for  which 
the  debt  is  to  be  incurred,  the  number  of  years  it  is  to  run  and 
the  rate  of  interest  to  be  paid  on  same,  shall  be  stated  in  the 
proposition  submitted  to  the  property  taxpayers.  After  such 
resolution  is  passed,  a  notice  of  said  election  shall  be  given, 
embracing  substantially  all  things  that  are  required  to  be  set 
forth  in  the  resolution,  and  shall  set  forth  further  that  the 
authorities  ordering  the  election  will,  in  open  session  to  be  held 
at  an  hour  and  place  named  in  such  notice,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns,  and  declare  the  result 
of  the  election.  Such  notice  shall  be  advertised  for  thirty  days 
in  a  weekly  newspaper  published  in  the  subdivision  or  parish 
in  which  the  tax  is  proposed  to  be  levied,  and  if  there  is  no 
newspaper  published  in  the  parish,  by  posting  in  three  public 
places  in  the  subdivision  ordering  the  election.  Four  weeks' 
publication  in  a  newspaper  shall  constitute  a  publication  for 
thirty  days,  provided  thirty  days  intervene  from  the  date  on 
which  the  publication  is  first  inserted  and  the  day  on  which  the 
election  takes  place. 

(Who  Is  Entitled  to  Vote,  S.  4,  A.  256,  '10.) 

The  property  taxpayers,  qualified  as  electors  under  .the  Con- 
stitution and  laws  of  tihs  state,  shall  be  entitled  to  vote  at  such 
elections,  the  qualifications  of  such  taxpayers  as  voters  to  be 
those  of  age,  residence  and  registration  as  voters;  provided  that 
resident  women  taxpayers  shall  have  the  right  to  vote  at  all 
such  elections  without  registration,  in  person  or  by  their  agents 


68 

authorized  in  writing,  which  written  authorization  shall  be  at- 
tached to  such  agent's  ballots,  respectvely;  provided  that,  when- 
ever the  limit  and  boundaries  of  any  municipal  corporation  have 
been  extended  under  the  laws  of  this  State,  and  the  assessment 
roll  that  is  to  include  the  property  in  the  extended  limits  has  not 
already  been  made  for  said  municipal  corporations,  those  who 
have  become  property  taxpayers  for  said  municipal  corporation 
by  the  extension  of  its  limits  and  who  are  qualified  under  the 
Constitution  and  laws  of  this  State  to  vote,  shall 'be  permitted 
to  vote  under  this  Act,  and  that  the  assessment  of  the  property 
within  such  municipal  corporation  as  extended  shall,  for  the 
purpose  of  ascertaining  the  assessed  valuation  of  property  herein 
and  for  the  purpose,  of  any  election  under  this  Act,  be  taken 
from  the  last  assessment  roll  of  the  parish. 

(Election    Held    Under    Supervision    and    at    Expense    of    School    Board, 
S.  5,  A.  256,  '10.) 

Such  elections  shall  be  conducted  under  the  supervision  and 
at  the  expense  of  the  subdivision  ordering  the  same,  the  govern- 
ing authority  of  which  shall  appoint  for  each  polling  place  three 
commissioners  and  one  clerk  of  election  (all  of  whom  shall  be 
registered  voters),  designate  the  polling  places,  provide  the  ballot 
boxes,  ballots,  the  necessary  blanks  for  tally  sheets,  lists  of  voters, 
valuation  of  property  and  compiled  statement  of  the  voters  in 
number  and  amount,  and  fix  the  compensation  of  such  election 
officers. 

(Duty  of  Registrar  of  Voters,  S.  6,  A.  256,  '10.) 

It  shall  be  the  duty  of  the  registrar  of  voters  to  furnish  the 
commissioners  appointed  to  hold  such  election  with  the  lists  of 
taxpayers  entitled  to  vote  in  person  or  by  proxy  at  such  elections, 
together  with  the  valuation  of  each  taxpayer's  property  as  shown 
,  by  the  assessment  roll  last  made  and  filed  prior  to  each  election ; 
provided  that,  when  any  taxpayer's  name  and  valuation  of 
property  shall  be  omitted  from  such  list  or  erroneously  entered 
thereon  the  commissioners  of  election  shall  have  authority  to 
receive  affidavits  of  such  taxpayer 's  right  to  vote  and  of  the 
proper  assessed  valuation  of  his  property,  which  affidavit  shall 
be  attached  to  such  taxpayer's  ballot. 


69 

(Manner  of  Challenging   Voters,  S.  7,  A.  256,  '10.) 

Whenever  the  vote  of  any  taxpayer  shall  be  challenged,  the 
commissioners  of  election  shall  receive  in  writing  the  grounds 
of  challenge,  signed  by  the  person  or  persons  challenging  such 
vote,  together  with  the  challenged  taxpayer's  statement  of  his 
asserted  right  to  vote,  and  attach  such  challenge  and  statement 
to  his  ballot. 

(Form  of  Ballots,  S.  8,  A.  256,  '10.) 

The  ballots  provided  for  any  election  held  under  the  provi- 
sions of  this  Act  shall  be  of  such  form  as  to  enable  the  voters 
to  vote  in  favor  or  against  the  proposition  submitted,  and  that 
when  more  than  one  proposition  shall  be  submitted  at  the  same 
time,  they  shall  be  so  submitted  as  to  enable  one  voter  to  vote 
on  each  proposition  separately.  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form : 


FOR  THE  LEVYING  OF  A  TAX. 


Proposition  to  levy  a 

mill  (Rate; 
tax  on  all  the  property  subject  to  State  taxation  in 
for  the  period 

(Subdivision) 

.of for  the  purpose  of 

(Term) 

(Here  state  the  purpose  of  the  tax) 
Taxable  valuation  $ .  . 


(Signature  of  Voter) 


Yes 


NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (X)  mark  in  the 
square  after  the  word  ' '  Yes ; "  to  vote  against  it  place  a  similar 
mark  after  the  word  * '  No. ' ' 


70 


FOR  THE   ISSUANCE   OF   BONDS. 

Proposition  to  incur  debt   and  issue  bonds  of 
to  the  amount  of  

(Subdivision) 
(Amount) 
to  run                          years,  bear- 

(Term) 

(Rate) 

(Annually  or  semi-annually)    for  the  purpose  of 
(Here  state  the  purpose  of  debt) 

Yes 

• 

Taxable  valuation  $  

No 

Signature  of  Voter 

NOTICE  TO  VOTERS:  To  vote  in  favor  of  the  proposi- 
tion submitted  upon  this  ballot  place  a  cross  (X)  mark  in  the 
square  after  the  word  "Yes;"  to  vote  against  it  place  a  similar 
mark  after  the  word  "No."  « 

NOTE. — The  voter  must  write  his  name  on  the  back  of  his  ticket. 
(Manner  of  Selecting  Substitute  Commissioners,  Etc.,  S.  9,  A.  256,  '10.) 

Whenever  any  commissioner  or  clerk  of  election,  appointed 
as  provided  in  Section  five  of  this  Act  shall  be  unable,  fail,  or 
neglect  to  attend  or  serve  at  the  polling  place  designated  at  the 
hour  fixed  for  the  opening  of  the  polls,  or  within  one  hour 
thereafter,  the  commissioner  or  commissioners  present  shall  ap- 
point, or  in  the  absence  of  all  the  commissioners  the  voters  present 
shall  elect  the  necessary  number  of  commissioners  and  clerks, 
who  shall  have  the  same  powers,  compensation  and  duties  as 
other  commissioners  and  clerks,  to  serve  in  the  place  and  stead 
of  such  absent  or  delinquent  appointees. 

(Oath  of  Election  Officers,  S.  10,  A.  256,  '10.) 

The  commissioners  and  clerks  of  such  elections,  before  open- 
ing the  polls,  shall  be  sworn  to  perform  all  the  duties  incumbent 
on  them  as  such,  the  oath  to  be  taken  before  any  officer  author- 


71 

ized  to  administer  oaths,  or  by  the  Clerk  and  each  commissioner 
before  any  other  commissioner,  such  commissioners  of  election  be- 
ing authorized  to  administer  any  oath  and  to  receive  any  affidavit 
provided  for  in  this  Act. 

(Voter's  Name  to  Be  Endorsed  on  Ballot,  S.  11,  A.  256,  '10.) 

Each  voetr's  name  shall  be  endorsed  on  his  ballot;  provided 
that  ballots  voted  by  proxy  shall  have  endorsed  thereon  the 
names  of  both  of  the  taxpayer  and  of  her  proxy. 

NOTE. — Attorney  General  Guion  rules  that  persons  voting  for  a  special 
school  tax  or  having  to  vote  for  a  proposition  to  fund  taxes  into  bonds  shall 
endorse  their  names  on  the  back 'of  the  tickets.  The  voter's  name  and  the 
value  of  his  property  will  appear  on  the  face  of  the  ticket  in  the  blanks  ar- 
ranged for  this  purpose,  but  the  voter's  name  should  also  be  endorsed  on  the 
back  of  the  ticket. 

(Manner  of  Voting,  S.,12,  A.  256,  '10.) 

The  commissioners  of  election  shall  receive  the  ballot  of  each 
voter,  check  his  name,  or  that  of  his  principal,  on  the  list  of 
voters  furnished  by  .the  registrar  as  having  voted,  enter  and  num- 
ber his  name,  or  that  of  his  principal,  on  the  list  of  taxpayers 
voting,  and  immediately  deposit  his  ballot  in  the  ballot  box, 
reserving  to  each  voter  the  right  to  so  fold  his  ballot  that  it 
shall  not  be  known  at  the  time  of  his  voting  whether  he  has 
voted  in  favor  of  or  against  the  proposition  or  propositions  sub- 
mitted. 

(Time  of  Opening  and  Closing  Polls,  S.  13,  A.  256,  '10.) 

The  polls  of  election  ordered  and  held  under  the  provisions 
of  this  act  shall,  on  the  day  appointed  for  any  such  election,  open 
at  seven  o'clock  a.  m.  and  remain  open  until  and  not  later  than 
five  o'clock  p.  m. ;  provided  that  no  election  shall  be  vitiated  by  a 
failure  to  open  the  polls  at  the  time  prescribed  or  by  closing  the 
same  before  the  time  prescribed,  unless,  on  a  contest,  it  be  proven 
that  voters  'were  thereby  deprived  of  their  votes  sufficient  in 
number  and  amount  to  have  changed  the  result  of  such  election. 

(Manner  of  Compiling  Votes,  S.  14,  A.  256,  '10.) 

That  immediately  after  the  closing  of  the  polls,  the  commis- 
sioners shall,  in  the  presence  of  the  bystanders  proceed  to  open 
the  ballot  boxes,  count  the  ballots  found  in  the  box  and  check 
same  with  the  list  of  voters  kept,  then  proceed  to  count  the  votes 
in  number  and  amount,  keep  in  duplicate  tally  sheets  showing 


72 

the  votes  in  number  in  favor  of  and  against  the  proposition  or 
propositions  submitted  and  showing  valuation  of  property  in 
favor  of  and  against  same,  make  in  duplicate  compiled  state- 
ments of  the  vote  in  number  and  amount,  both  in  favor  of  and 
against  such  proposition  or  propositions;  that  after  swearing  to 
the  correctness  of  the  numbered  list  of  voters,  the  duplicate  tally 
sheets  and  duplicate  compiled  statements,  they  shall  deposit  the 
ballots,  the  registrar's  list  of  voters,  the  numbered  list  of  tax- 
payers voting,  one  duplicate  tally  sheet  and  one  duplicate  com- 
piled statement,  in  the  ballot  box,  immediately  seal  up  said  ballot 
box  and, .within  forty-eight  hours  after  the  closing  of  the  polls, 
deliver  said  sealed  ballot  boxes  with  their  contents  to  the  author- 
ities ordering  such  election  and  shall  within  the  same  delay  de- 
liver the  other  duplicate  tally  sheet  and  the  other  duplicate  com- 
piled statement  to  the  Clerk  of  the  District  Court  of  the  parish 
in  which  such  election  has  been  held,  who  shall  file  the  same  in 
his  office. 

If  the  election  commissioners  on  counting  the  ballots  find 
that  they  do  not  correspond  with  the  list  of  voters,  they  shall 
before  counting  the  ballots,  examine  same  for  the  purpose  of 
finding  the  discrepancy ;  and  if  it  should  be  found  that  any  bal- 
lots have  been  duplicated  the  same  shall  be  destroyed,  or  if  it  is 
found  that  the  name  of  the  voter  has  been  omitted  from  the  list 
of  persons  voting,  same  shall  be  added  to  said  list. 

(Returns  Canvassed  by  Governing  Authority,  S.  15,  A.  256,  '10.) 

On  the  day  and  at  the  hour  and  place  named  in  the  notice 
ordering  such  election,  the  authorities  under  whose  orders  such 
election  has  been  held,  shall,  in  public  session,  proceed  to  open 
the  ballot  boxes,  examine  and  count  the  ballots  in  number  and 
amount,  examine  and  canvass  the  returns  and  declare  the  results 
of  such  election,  which  result  they  shall  thereafter  promulgate 
by  publication  in  one  issue  of  the  official  journal,  or  other  news- 
paper of  the  parish,  where  there  is  no  official  paper,  or  by  post- 
ing where  no  newspaper  is  published. 

(Process  Verbal  Required,  S.  15,  A.  256,  '10.) 

The  authority  ordering  the  election  shall  keep  a  process  verbal 
of  the  manner  in  which  the  ballot  boxes  have  been  opened,  the 


73 

returns  canvassed  and  the  result  of  the  election  ascertained  and 
shall  forward  a  copy  of  said  process  verbal  to  the  Secretary  of 
State,  who  shall  record  the  same,  another  copy  to  the  Clerk  of 
the  District  Court  who  shall  also  record  said  copy  in  the  mort- 
gage records  of  the  parish,  and  the  remaining  copy  shall  be  re- 
tained in  the  archives  of  the  office  of  the  authority  ordering  the 
election. 

(Returns   Kept  Three  Months,  S.  16,  A.  256,  '10.) 

The  custodian  of  the  archives  or  records  of  the  authority 
ordering  such  election  shall  preserve,  for  the  term  of  three 
months  from  the  date  of  promulgation  of  such  election,  the 
ballots  and  other  returns  thereof. 

(Election    Incontestible  After  Sixty   Days,  S.  17,  A.  256,  '10.) 

For  a  period  of  sixty  days  from  the  date  of  the  promulgation 
of  the  result  of  any  such  election,  any  person  in  interest  shall 
have  the  right  to  contest  the  legality  of  such  election  for  any 
cause; 'after  which  time  no  one  shall  have  any  cause  of  action 
.  to  contest  the  regularity,  formality,  or  legality  of  said  election 
for  any  cause  whatever.  If  the  validity  of  any  election  held 
under  the  provisions  of  this  Act  is  not  raised  within  sixty  days 
herein  prescribed,  then  no  governing  authority  of  any  sub- 
division herein  named,  required  to  levy  a  tax  or  issue  bonds 
as  authorized  at  an  election  or  under  this  Act,  shall  be  permitted 
to  refuse  to  perform  that  duty  and  urge  as  an  excuse  or  reason 
therefor,  that  some  provision  of  the  Constitution  or  law  Ox 
Louisiana  has  not  been  complied  with,  but  it  shall  be  conclusively 
presumed  that  every  legal  requirement  has  been  complied  with, 
and  no  court  shall  have  authority  to  inquire  into  such  matters 
after  the  lapse  of  sixty  days  as  herein  provided. 

(Majority    in    Number    and    Amount    Necessary    to    Carry    an    Election, 
S.  18,  A,  256,  '10.) 

Any  proposition  submitted  by  the  governing  authority  of 
any  subdivision  as  herein  authorized  either  for  the  purpose  of 
levying  a  tax,  incurring  a  debt,  or  issuing  bonds,  must  be  voted 
for  by  a  majority  in  number  and  amount  of  the  property  tax- 
payers, qualified  as  electors  under  the  Constitution  and  laws  of 
this  State,  voting  at  an  election  held  for  that  purpose  as  herein 


74 

provided,  before  any  such  tax  shall  be  levied,  or  before  any  debt 
shall  be  incurred  or  bonds  issued. 

(Duty  of   Governing   Authority  to    Levy   and   Assess   Special   Tax,   S.   19, 
A.  256,  '10.) 

In  the  event  that  any  election  ordered  and  held  as  aforesaid 
shall  result  in  favor  of  the  proposition  to  levy  and  assess  special 
taxes  upon  the  property  subject  to  taxation  in  the  Subdivision, 
the  Police  Jury  for  the  Parish,  Ward  or  Road  District  and  the 
Governing  Authority  of  any  other  Subdivision  named  herein 
shall,  after  the  promulgation  of  the  result  of  such  election  and 
pursuant  to  the  terms  of  the  proposition  submitted  levy  and 
assess  the  said  special  taxes  on  such  property, 

(Tax  Not  to  Exceed   Constitutional    Limitation.) 

Provided  that  the  total  rate  of  taxation  so  imposed  shall  not 
exceed  the  Constitutional  limit,  nor  shall  such  tax  run  for  a 
greater  number  of  years  than  the  number  named  in  the  proposi- 
tion submitted,  nor  be  imposed  for  any  other  purpose  than  that 
named  in  such  proposition. 

(Bonds;    Regulations  for  Same,  S.  20,  A.  256,  '10.) 

In  the  event  that  any  election  ordered  and  held  for  the  pur- 
pose of  incurring  debt  and  issuing  negotiable  bonds  therefor 
shall  result  in  favor  of  the  proposition,  the  Police  Juries  for 
their  respective  Parishes,  Wards  or  Road  Districts  and  the  gov- 
erning authorities  of  all  other  Subdivisions  shall,  after  the  pro- 
mulgation of  the  result  of  such  election  and  pursuant  to  the 
terms  of  the  proposition  submitted,  by  resolution  incur  the  debt 
and  issue  negotiable  bonds  therefor,  to  be  signed  by  the  President 
or  Chairman  and  Secretary  of  the  authority  issuing  the  bonds, 
provided  the  bonds  shall  be  issued  for  no  other  purpose  than 
that  stated  in  the  submission  of  the  proposition  to  the  property 
taxpayers,  nor  for  a  greater  amount  than  therein  mentioned, 
nor  for  any  other  purpose  than  the  purpose  set  forth  in  the 
proposition  submitted  to  the  property  taxpayers  and  as  author- 
ized by  the  Constitution  of  the  State,  nor  run  for  a  longer  time 
than  that  named  in  the  proposition  not  exceeding  forty  years  nor 
bear  a  greater  rate  of  interest  than  five  (5)  per  centum  per 
annum,  payable  annually,  nor  issued  for  a  greater  amount  than 


75 

ten  per  centum  of  the  assessed  value  of  the  subdivision,  including 
any  prior  bond  issue  nor  be  sold  by  the  authorities  issuing  same 
for  less  than  par. 

(Collection  of  Taxes  Governed  by  General   Laws,  S.  23,  A.  256,  '10.) 

All  the  articles  and  provisions  of  the  Constitution  of  1898 
and  all  the  laws  in  force  or  that  may  be  hereafter  enacted 
regulating  and  relating  to  the  collection  of  State  taxes  and  tax 
sales  shall  also  apply  to  and  regulate  the  collection  of  the  special 
taxes  or  forced  contribution,  imposed  under  the  provisions  of 
this  Act,  through  the  officer  whose  duty  it  shall  be  to  collect  the 
taxes  and  moneys  due  the  municipal  corporation,  parish,  or 
drainage  district,  imposing  such  special  taxes,  or  forced  contribu- 
tions. • 

(Proceeds  of  Bonds  a  Trust  Fund  for  Payment  of  Interest  and  Principal 
of   Bonds,  S.  24,  A.  256,  '10.) 

The  proceeds  of  the  sale  of  all  bonds  issued  under  the  pro- 
visions of  this  Act  shall  constitute  a  trust  fund,  to  be  used  ex- 
clusively for  the  purpose  or  purposes  for  which  said  bonds  are 
authorized  to  be  issued.  That  any  income  derived  from  the 
particular  improvement  purchased  or  constructed,  when  so  set 
aside  by  resolution  of  the  governing  body  of  the  subdivision, 
shall,  after  the  expense  and  cost  of  maintenance  of  said  improve- 
ments are  paid,  constitute  a  trust  fund  to  be  devoted  to  the  pay- 
ment of  the  interest  on  the  indebtedness  so  contracted,  and  any 
surplus,  after  the  payment  of  such  interest,  shall  be  placed  in 
the  sinking  fund  to  be  used  in  the -extinguishment  of  the  principal 
of  said  obligation  or  bonds  at  maturity. 

(Proceeds  of  Special  Taxes  Collected  a  Trust  Fund,  S.  25,  A.  256,  '10.) 

The  proceeds  of  any  special  tax  which  have  been  voted  for  a 
particular  purpose  as  authorized  by  the  Constitution  and  the 
provisions  of  this  Act  shall  constitute  a  trust  fund  to  be  used 
exclusively  for  the  objects  and  purposes  for  which  the  tax  was 
levied  and  shall  from  year  to  year  as  collected  be  kept  separate 
and  used  for  no  other  purpose  than  the  purpose  for  which  the 
said  tax  was  voted. 

(Sinking  Fund  to  Be  Set  Aside,  S.  26,  A.  256,  '10.) 

If  the  bonds  to  be  issued  are  to  be  paid  out  of  funds  realized 
from  a  tax,  an  acreage  tax  or  forced  contribution,  which  tax, 


76 

acreage  tax  or  forced  contribution  is  limited  and  a  fixed  amount 
required  to  be  collected  each  year,  then  the  governing  authority 
issuing  the  bonds  and  levying  the  acreage  tax,  shall,  beginning 
at  a  yearly  period  before  the  maturity  of  such  debt  or  bonds, 
which  period  shall  never  be  less  than  one-fourth  of  the  whole 
term  for  which  said  debt  is  incurred,  or  said  bonds  are  issued,  set 
aside  annually,  from  said  trust  fund  derived  from  said  tax, 
acreage  tax  or  forced  contribution,  a  sinking  fund  for  the  pay- 
ment of  the  principal  of  said  debt,  or  said  bonds,  at  least 
one  fraction  of  the  principal  of  said  debt,  on  said  bonds,  said 
fraction  to  be  ascertained  by  dividing  the  principal  of  said  debt 
or  of  said  bonds  by  the  remaining  number  of  whole  years  before 
the  maturity  of  said  debt  or  bonds;  and  that  the  sinking  fund 
thus  set  aside  shall  be  sacredly  applied  to  the  payment  of  such 
debt  and  such  bonds.  The  time  from  the  commencement  of  the 
provision  of  a  sinking  fund  as  herein  required,  until  the  ma- 
turity of  the  said  debt  or  of  said  bonds  to  be  known  as  the  re- 
demption period. 

(Tax  to  Pay  Principal  and   Interest  Must  Be   Levied   Every  Year,  S.  27, 
A.  256,  '10.) 

The  governing  authority  of  a  Subdivision  incurring  debt 
and  issuing  bonds  as  herein  contemplated,  shall  annually,  at 
the  same  time  that  other  taxes  are  levied,  or  at  any  other  time,  in 
addition  to  all  other  taxes  now  authorized  by  the  Constitution 
and  laws  of  the  State  of  Louisiana,  and  in  addition  to  any  special 
tax  that  may  be  levied  at  any  election  called  and  held  for 
that  purpose,  levy  a  tax  sufficient  to  pay  the  interest  and  prin- 
cipal on  said  bonds  becoming  due  the  ensuing  year.  When  a 
period  is  fixed  at  which  such  bonds  shall  begin  to  mature,  the 
total  amount  of  indebtedness  shall  be  divided  among  the  num- 
ber of  years  in  which  payments  are  to  be  made  and  the  prin- 
cipal to  be  paid  each  year,  fixed  at  such  amount  that  when  the 
total  annual  interest  is  added  thereto  the  amount  to  be  paid  each 
year  shall  be  as  nearly  equal  and  uniform  as  possible.  Such  tax 
may  be  levied  and  extended  upon  the  assessment  roll  at  any 
time  prior  to  the  final  collection  of  the  taxes  for  that  particular 
year.  If  the  authority  herein  authorized  to  levy  and  assess  such 
tax  should  fail,  neglect  or  refuse  to  do  so  before  the  completion 


77 

of  the  assessment  rolls,  the  Auditor  of  Public  Accounts  shall  be 
authorized  and  it  shall  be  his  duty  to  name  the  rate  of  such  tax 
and  order  same  extended  upon  the  assessment  rolls  and  collected. 

(Maturity  of  Bonds  Must  Be  Fixed,  S.  28,  A.  256,  '10.) 

Whenever  a  debt  has  been  authorized  to  be  incurred,  the 
governing  authority  issuing  bonds  to  evidence  such  debt  shall 
fix  a  time  certain  at  which  the  bonds  shall  begin  to  mature, 
which  shall  not  be  longer  than  five  years  from  the  date  of  said 
bonds.  After  fixing  such  date,  then  the  governing  authorities 
shall  fix  the  denomination  of  the  bonds  due  each  year  thereafter 
for  an  amount  that  when  the  annual  interest  is  added  thereto 
the  total  amount  to  be  paid,  including  principal  and  interest, 
each  year  shall  be  as  nearly  equal  as  practicable. 

(Bonds  Shall  Be  Registered  by  Secretary  of  State,  S.  31,  A.  256,  '10.) 

All  bonds  issued  by  any  of  the  subdivisions  of  the  State  as 
herein  defined,  shall,  after  the  time  has  elapsed  in  which  the 
validity  of  such  bonds  can  be  contested,  to-wit,  sixty  days  from 
the  date  of  the  promulgation  of  the  result  of  the  election,  in- 
curring the  debt  and  ordering  the  issuing  of  such  bonds,  be  reg- 
istered by  the  Secretary  of  State  and  shall  have  endorsed  thereon 
the  words:- "This  bond  secured  by  a  tax.  Registered  on  this  the 

day  of — ,  19—,"  and  signed  by  the 

Secretary  of  State  with  the  Great  Seal  of  Louisiana  affixed. 

(Election  Officers  Vested  With  Same  Authority  as  in  General   Elections, 
S.  32,  A.  256,  '10.) 

The  commissioners  and  clerks  of  elections  held  under  the 
provisions  of  this  Act  shall  have  the  same  powers  and  duties  in 
conducting  said  elections  and  in  preserving  order  at  the  polls, 
as  are  conferred  and  imposed  upon  such  officers  under  the 
general  election  laws  of  this  State;  and  that  whatever  is  declared 
in  the  general  election  laws  to  be  a  felony,  other  crime,  or  mis- 
demeanor, shall  be  such  for  any  election  held  under  the  pro- 
visions of  this  Act,  and  shall  be  punished  in  the  same  manner; 
that  any  willful  failure  or  neglect  to  comply  with  the  require- 
ments of  this  Act  or  any  willful  violation  of  same,  by  any  officer, 
agent,  or  employee,  of  any  subdivision  herein  defined,  availing 
itself  of  the  provisions  of  this  Act,  shall  be  a  crime  and  shall 
be  punished  bv  a  fine  of  not  less  than  twenty-five  dollars  nor 


78 

more  than  five  hundred  dollars,  or  by  imprisonment  not  exceed- 
ing one  year,  with  or  without  hard  labor,  or  by  both  such  fine 
or  imprisonment,  at  the  discretion  of  the  court. 

(All    Special    Tax    Elections    Hereafter,    Governed    by    This    Act,    S.    33, 
A.  256,  '10.) 

Nothing  in  this  Act  shall  be  held  or  construed  to  invalidate, 
or  render  illegal  the  acts,  proceedings,  elections,  taxes,  debts, 
bonds,  ordinances,  resolutions,  bids,  agreements,  contracts  or 
obligations,  done,  had,  held,  levied,  authorized  to  be  levied,  in- 
curred, authorized  to  be  incurred,  issued,  authorized  to  be  is- 
sued, adopted,  accepted,  or  entered  into,  pursuant  to  any  article 
of  the  Constitution,  by  any  subdivision  herein  named  (the  City 
of  New  Orleans  excepted)  prior  to  the  passage  of  this  Act; 
that  any  provision  in  the  charter  of  any  municipal  corporation 
of  this  State  (the  City  of  New  Orleans  excepted)  in  conflict  with 
the  provisions  of  this  Act  for  the  immediate  submission  of  the 
proposition  herein  specified  to  the  property  taxpayers  of  said 
corporation  in  an  election  ordered  by  same  under  this  Act  and 
for  the  immediate  levy  of  said  tax  when  duly  authorized,  be 
and  the  same,  insofar  as  it  is  in  conflict  therewith,  is  hereby 
repealed. 

(Inheritance  Tax;    How   Paid   and    Distributed,  S.  3,  A.  45,  '04.) 

In  all  cases  where  the  inheritance  tax  appears  to  be  due,  it 
shall  be  the  duty  of 'the  administrator,  executor,  or  other  officer 
in  charge  of  the  succession,  or  of  the  heir  to  pay  over  to  the  Tax 
Collector  of  the  parish  where  the  succession  is  opened  the  full 
amount  of  said  inheritance  tax  and  to  present  the  receipt  to  the 
judge  before  obtaining  a  discharge  or  of  being  put  in  possession 
of  the  estate ;  the  surety  on  the  bond  of  the  administrator,  exec- 
utor or  other  officer  in  charge  of  the  estate  shall  be  liable  in 
solido  with  the  officer  for  the  full  amount  of  the  inheritance  tax ; 
such  taxes  shall  be  distributed  to  the  several  parishes  in  accord- 
ance with  Article  248  of  the  Constitution. 

NOTE. — All  Inheritance  taxes  shall  be  remitted  to  the  State  Treasurer,  who 
shall  credit  same  to  Current  School  Fund.) 

(Duty  of   Parish   Superintendent  and    Parish   School    Board,   S.  4,   A.  45, 

'04.) 

It  shall  be  the  duty  of  the  parish  superintendent  and  of  the 
president  of  the  school  board  of  the  City  of  New  Orleans  to 


79 

see  that  this  Act  be  carried  out,  and  that  the  full  amount  of 
the  inheritance  tax  be  duly  collected,  and  it  shall  be  the  duty 
of  the  District  Attorney  for  the  various  parishes  throughout 
the  State,  when  called  upon  by  the  .parish  superintendent  or 
the  president  of  the  school  board  in  the  Parish  of  Orleans  to 
take  proceedings  to  enforce  the  provisions  of  this  Act. 

(Inheritance  Tax   in   Favor  of   Public  Schools,  A.   109,  '06.) 

There  is  now  and  shall  hereafter  be  levied,  solely  for  the 
support  of  the  public  schools,  on  all  inheritances,  legacies  and 
other  donations  mortis  causa  to  or  in  favor  of  the  direct  descend- 
ants or  ascendants  of  the  decedent,  a  tax  of  two  per  centum,  and 
on  all  such  inheritances  or  dispositions  to  or  in  favor  of  the 
collateral  relatives  of  the  deceased,  or  strangers,  a  tax  of  five 
per  centum  on  the  amount  of  the  actual  cash  value  thereof  at 
the  time  of  the  death  of  the  decedent. 

(When   Not  to  Be  Imposed.) 

Section  2.  Said  tax  shall  not  be  imposed  in  the  following 
cases : 

a.  On  any  inheritance,  legacy  or  other  donation  mortis  causa 
to  or  in  favor  of  any  ascendant  or  descendant  of  the  decedent 
below  ten  thousand  dollars  in  amount  or  value. 

?>.  On  any  legacy  or  other  donation  mortis  causa  to  or  in 
favor  of  any  educational,  religious  or  charitable  institution. 

c.  When  the  property  inherited,  bequeathed  or  donated  shall 
have  borne  its  just  proportion  of  taxes  prior  to  the  time  of  such 
donation,  bequest  or  inheritance. 

(Manner  of  Taking   Possession  of  Succession.) 

Section  3.  It  shall  be  unlawful  for  any  heir,  legatee  or  other 
beneficiary  of  a  donation  mortis  causa  to  take  or  be  in  possession 
of  any  part  of  the  things  or  property  composing  the  inheritance, 
legacy  or  other  donation  mortis  causa,  or  to  dispose  of  the 
same  or  any  part  thereof,  until  he  shall  have  obtained  the  author- 
ity of  the  court  to  that  effect,  as  hereafter  provided;  and  in 
case  he  shall  so  take  or  be  in  possession  or  shall  so  dispose  of 
such  things  or  property,  or  any  part  thereof,  he  shall  no  longer 
have  the  right  of  renouncing  such  inheritance  or  donation  mortis 
causa,  and  shall  remain  personally  liable  for  the  tax  thereon; 
but  he  may,  without  waiting  for  authority  do  such  acts  as  may 


80 

seem  necessary  to  preserve  the  property  from  waste,  damage 
or  loss. 

(Duty  of  Executor.) 

Section  4.  The  executor  of  the  will  of  a  person  deceased,  or 
the  administrator  of  his  succession,  shall,  after  payment  of  his 
debts,  proceed  against  the  tax  collector  and  all  the  heirs  and 
legatees  of  the  deceased  summarily,  by  rule  before  the  court 
which  has  jurisdiction  of  the  succession,  to  fix  the  amount  of  tax 
due  by  each  heir  or  legatee,  and  on  trial  thereof  the  court  shall 
render  judgment  for  the  same  against  each  heir  or  legatee,  with 
interest  and  costs,  as  hereinafter  provided. 

(Amount  of  Taxes  to   Be   Deducted   by   Executor.) 

Section  5.  The  executor  or  administrator  shall  thereupon 
pay  to  the  tax  collector  the  amount  of  tax,  with  interest  and 
costs,  so  fixed,  on  each  inheritance,  legacy  or  donation,  out  of 
the  funds  comprised  therein,  if  sufficient.  Should  there  not  be 
sufficient  funds,  the  court  shall,  on  the  application  of  the  heir 
or  legatee,  grant  an  order  for  the  sale  of  the  property  composing 
such  inheritance,  legacy  or  donation,  or  so  much  thereof  as  may 
be  necessary,  for  the  purpose  of  paying  such  judgment.  If  the 
same  be  not  paid  by  the  heir  or  legatee,  or  an  order  of  sale  be 
not  granted,  as  above  provided  within  thirty  days  after  the  date 
of  the  judgment,  the  court  shall,  on  the  application  of  the  ex- 
ecutor or  administrator,  grant  an  order  of  sale  for  the  said 
purpose,  as  above  provided,  and  the  executor  or  administrator 
shall  pay  the  said  judgment  out  of  the  proceeds  of  the  sale. 

Such  sale  shall  be  mad_  in  such  manner,  and  on  such  terms 
and  conditions  as  the  court  shall  prescribe,  and  the  expense 
thereof  shall  be  borne  by  the  heir  or  legatee. 

(Duty  of   Executor.) 

Section  6.  No  executor  or  administrator  shall  deliver  any 
inheritance  or  legacy  until  the  tax  thereon  shall  be  fixed  and 
paid,  as  herein  provided;  otherwise  he,  together  with  his  surety, 
shall  be  personally  liable  for  said  tax,  with  interest  and  cost. 
And  no  executor  or  administrator  shall  be  discharged  until  it  is 
shown  that  all  taxes  under  this  Act,  due  by  the  heirs  and  legatees, 
have  been  paid,  or' until  it  is  judicially  determined  by  the  process 
lii-i-ciu  provided  that  no  tax  is  due. 


81 

(Duty  of  Legal   Heir.) 

Section  7.  In  all  cases  in  which  an  administration  is  not  or- 
dered by  the  court,  che  legal  or  instituted  heir,  or  universal 
or  residuary  legatee,  shall  within  six  months  after  the  death 
of  the  decedent,  or,  should  there  be  a  will,  within  the  same  time 
after  the  discovery  of  the  same,  present  to  the  court  a  detailed 
descriptive  list,  sworn  to  and  subscribed  by  him,  of  all  items 
of  property  contained  in  and  composing  the  estate  of  the  de- 
cedent, and  therein  shall  state  the  actual  cash  value  of  each  such 
item  at  the  time  of  the  death  of  the  decedent,  and  service  thereof 
shall  be  made  on  the  tax  collector  who  shall  have  the  right  to 
traverse  the  same.  Should  the  deceased  have  made  special  or 
particular  legacies  or  donations  mortis  causa,  the  legatee  shall 
also  be  served,  and  after  summarily  hearing  the  parties  the  court 
shall  fix  the  amount  of  tax  due  as  aforesaid  by  each  such  heir  or 
legatee,  and  shall  gender  judgment  therefor,  with  interest  and 
costs,  against  each  of  them. 

(Amount  of  Tax  to   Be  Deducted.) 

Section  8.  In  the  same  manner  as  provided  in  Section  5, 
the  heir  or  universal  or  residuary  legatee  shall  thereupon  pay  or 
take  measures  for  the  payment  of  the  tax  due  on  all  special  or 
particular  legacies  or  donations. 

(Property  May  Be  Sold  to  Pay  Taxes.) 

Section  9.  The  heir  or  universal  or  residuary  legatee  may 
likewise  obtain  an  order  for  the  sale  of  the  property  of  his 
inheritance  or  legacy,  or  part  thereof,  for  the  purpose  of  paying 
the  tax  thereon.  But  if  such  tax  be  not  paid,  or  such  order  of 
sale  be  not  made  within  thirty  days  after  the  date  of  the  judg- 
ment fixing  the  amount  of  the  tax,  a  similar  order  for  the  same 
purpose  shall  be  granted  on  the  application  of  the  tax  collector, 
and  thereunder  any  property  forming  part  of  the  inheritance 
or  legacy  may  be  sold,  and  the  proceeds  thereof  .shall  be  applied 
to  the  payment  of  the  tax  with  interest  and  costs. 

(Duty  of  Heir  to  See  That  Tax.  Is  Paid.) 

Section  10.  The  heir  or  residuary  or  universal  legatee  shall 
not  deliver  any  legacy  until  the  tax  thereon  shall  have  been 
fixed  and  paid;  otherwise  he  shall  be  personally  liable  for  the 
said  tax,  with  interest  and  costs. 


82 

(Search  for  Will;    When    Made.) 

Section  11.  If  during  the  six  months  next  following  the 
death  of  any  person  leaving  property,  movable  or  immovable, 
within  this  State,  an  administration  of  his  succession  be  not 
applied  for  or,  his  legal  ^r  instituted  heir  or  universal  or  residu- 
ary legatee  do  not  apply  to  the  court  to  be  placed  in  possession 
thereof,  as  herein  provided,  the  court  shall  ex  parte  and  on  the 
application  of  the  tax  collector  grant  an  order  directing  that  a 
search  be  made  for  the  will  of  the  deceased  by  a  notary  public, 
and  in  aid  of  the  same  may  order  that  all  persons  having  in  their 
possession  or  control  any  books,  papers  or  documents  of  the 
deceased,  or  any  bank-box,  safe  deposit  vault  or  other  receptacle 
likely  or  designed  to  contain  the  same,  shall  open  such  receptacle 
and  exhibit  the  contents  thereof,  as  well  as  all  other  books,  papers 
and  documents  of  the  Deceased,  to  the  said  notary. 

(Court   May  Appoint   Executor.) 

Section  12.  Should  the  said  notary  find  aiiy  document  ap- 
pearing to  be  the  will  of  the  deceased,  he  shall  take  possession 
of  the  same  and  produce  it  in  court ;  and  on  application  of  the 
tax  collector,  or  of  any  party  in  interest,  the  court  shall  proceed 
to  the  probate  thereof,  as  now  provided  by  law.  If  an  executor 
be  therein  appointed,  the  person  named  shall  be  notified,  and  if 
he  do  not  within  ten  days  after  notification  accept  the  appoint- 
ment, and  if  within  the  ten  days  next  following  this  delay  no 
person  entitled  to  be  appointed  dative  testamentary  executor 
shall  apply  for  the  appointment,  then  the  Public  Administrator 
in  the  Parish  of  Orleans,  and  in  the  other  parishes  the  tax  col- 
lector, shall  be  appointed  dative  testamentary  executor  of  the  said 
decedent,  and  the  administration  of  his  succession  shall  proceed 
as  herein  directed  and  according  to  existing  law. 

(Procedure   Where   No   Will    Is    Found.) 

Section  13.  If  the  notary  can  find  no  will,  he  shall  report 
the  fact  to  the  court;  and  thereupon  the  tax  collector  shall  pro- 
ceed against  the  legal' heir  or  heirs  of  the  deceased  summarily 
by  rule  to  fix  the  amount  of  tax  due  by  him  or  them,  and  each 
of  the  heirs  shall  be  ordered,  within  a  delay  to  be  fixed  by  the 
court,  which  may  be  extended  from  time  to  time  in  the  discre- 
tion of  the  court,  to  make  and  file  a  detailed  descriptive  list, 


83 

sworn  to  and  subscribed  by  Mm,  of  all  the  items  of  property 
contained  in  and  composing  the  estate  of  the  decedent,  stating 
therein  the  actual  cash  value  of  each  such  item  at  the  time  of  the 
death  of  the  decedent,  and  the  tax  collector  shall  have  a  right 
to  traverse  the  same.  On  trial  of  the  rule  the  court  shall  fix  the 
amount  of  tax  due  by  each  of  the  heirs,  and  shall  render  judg- 
ment for  the  same  against  each  of  them,  and  in  such  case,  as 
well  as  in  the  cases  mentioned  in  Section  12,  shall  include  in 
.the  costs  payable  by  the  heir  or  legatee  a  fee  of  not  more  than 
ten  per  cent,  on  the  amount  of  tax  due  by  each  heir  or  legatee 
in  favor  of  the  attorney  for  the  tax  collector.  In  the  same 
manner  and  under  the  same  conditions  as  provided  in  Sections 
5  and  9  of  this  Act,  such  heirs  or  legatees  shall  have  the  right  to 
procure  the  sale  of  their  inheritances  or  legacies  for  the  pur- 
pose of  paying  the  tax  due  thereon,  with  interest,  costs  and  at- 
torneys fees;  and  if  payment  thereof  be  not  made  by  the  heir 
or  legatee,  or  if  an  order  of  sale,  as  above  provided,  be  not 
granted,  within  thirty  days  after  the  date  of  the  judgment, 
the  tax  collector  shall  be  entitled  to  a  similar  order,  and  there- 
under any  property  forming  part  of  the  inheritance  or  legacy 
may  be  sold. 

(Any  Heir  May  Institute  Proceedings  and   Receive  Fee.1* 

Section  14.  Should  there  be  more  than  one  legal  or  instituted 
heir  or  universal  or  residuary  legatee  any  one  of  them  may 
institute  the  proceedings  provided  by  this  Act,  and  the  others 
shall  be  made  parties  thereto  and  such  heir  shall  be  entitled  to 
recover  out  of  the  mass  of  the  succession  one  reasonable  attor- 
ney's fee,  besides  his  costs. 

(Rights  of  Creditors  Preserved.) 

Section  15.  Nothing  contained  in  this  Act  shall  affect  the 
rights  of  creditors  of  persons  deceased  or  the  rights  of  the  cred- 
itors of  the  heirs  or  legatees  of  such  persons,  as  established  by 
the  general  law. 

(Legacy   Indivisible.) 

Section  16.  Each  inheritance  or  legacy  is  indivisible^  and 
must  be  accepted  or  renounced  for  the  whole;  and  the  heir  or 
legatee  shall  not  be  entitled  to  be  placed  in  possession  of  the 


84 

same,  and  shall  be  without  right  or  capacity  to  alienate  any 
part  thereof,  until  the  tax  on  the  whole  shall  have  been  fixed 
and  paid,  or  until  it  shall  have  been  judicially  determined,  in 
the  manner  herein  provided,  that  no  part  of  the  same  is  subject 
to  the  tax  imposed  by  this  Act. 

(Prohibiting    Delivery  of  Effects   Before  Tax   Is   Paid.) 

Section  17.  No  bank,  banker,  trust  company,  warehouseman, 
or  other  depository  and  no  person  or  corporation  or  partnership 
having  on  deposit  or  in  possession  or  control  any  moneys,  credits, 
goods  or  other  things  or  rights  of  value  for  a  person  deceased, 
or  in  which  he  had  any  interest,  and  no  corporation  the  stock  or 
registered  bonds  of  which  are  owned  by  a  person  deceased  shall 
deliver  or  transfer  such  moneys,  credits,  stock,  bonds,  or  other 
things  or  rights  of  value  to  any  heir  or  legatee  of  such  deceased 
person,  unless  the  tax  due  thereon  under  this  Act  shall  have 
been  paid,  or  unless  it  be  judicially  determined  in  the  manner 
herein  prescribed  that  no  tax  is  due  by  such  heir  or  legatee. 
Otherwise  the  person  or  corporation  so  making  delivery  or  trans- 
fer shall  be  liable  for  the  said  tax.  But  the  order  of  a  court 
of  competent  jurisdiction,  directing  such  delivery  or  transfer, 
shall  be  full  authority  for  the  same. 

(Burden  of  Proof.) 

Section  18.  The  burden  of  proving  facts  establishing  ex- 
emption from  the  tax  imposed  by  this  Act  is  upon  the  person 
claiming  exemption. 

(Jurisdiction.) 

Section  19.  The  District  uourt  or  tne  last  domicile  of  the 
deceased,  and  in  the  Parish  of  Orleans  the  Civil  District  Court, 
shall  have  original  jurisdiction  to  hear  and  determine  all  the 
proceedings  provided  by  this  Act.  In  the  case  of  a  non-resident 
decedent,  the  District  Court,  or  Civil  District  Court,  of  any 
parish  in  which  he  left  property,  movable  or  immovable,  shall 
exercise  such  jurisdiction,  and  the  court  in  which  such  proceed- 
ings shall  be  first  begun  shall  have  exclusive  original  jurisdiction 
thereof. 

(Unknown  Heirs.) 

Section  20.  Non-residents  and  unknown  heirs  and  legatees, 
and  those  whose  whereabouts  are  unknown,  shall  be  represented 


85 

by  curator  ad  hoc  appointed  by  the  court,  and  all  notices,  cita- 
tions and  demands  prescribed  by  this  Act  shall  be  served  on  such 
officers.  Though  there  be  in  any  case  more  than  one  unknown 
or  absent  heir  or  legatee,  all  may  be  represented  by  the  same 
curator. 

(Commissions  of  Tax  Collectors.) 

Section  21.  The  tax  collector  spoken  of  and  Intended  by  this 
Act  is  the  Sheriff  and  ex-officio  Tax  Collector  of  the  parish  in 
which  was  the  last  residence  of  the  decedent,  or  in  which  is  sit- 
uated property  of  a  non-resident  decedent,  and  in  the  Parish  of 
Orleans  the  Clerk  of  the  Civil  District  Court.  They  shall  re- 
ceive a  commission  of  two  per  cent  on  their  collections  of  taxes 
under  this  Act. 

(Compensation  of  Attorneys.) 

Section  22.  In  and  for  the  Parish  of  Orleans  the  Governor 
shall  appoint  by  and  with  the  advice  and  consent  of  the  Senate, 
for  a  term  of  four  years,  an  attorney  at  law,  whose  duty  it  shall 
be  to  advise,  assist  and  represent  the  Clerk  of  the  Civil  District 
Court  in  the  enforcement  of  this  Act.  For  his  services,  except 
as  provided  in  Sections  12  and  13,  he  shall  receive  a  fee  of  four 
per  cent,  on  all  taxes  collected  hereunder,  payable  out  of  the  same 
before  transmission  to  the  Treasury.  In  all  other  parishes  of 
the  State  the  said  duties  shall  be  performed  by  the  attorneys 
appointed  under  existing  law  to  assist  the  tax  collectors  in  the 
collection  of  delinquent  licenses,  and  the  compensation  of  such 
attorney  shall  be  as  above  provided. 

(Method  of  Fixing  Value  of  Annuity.) 

Section  23.  In  fixing  the  value  of  any  legacy  or  donation 
mortis  causa  which  consists  in  whole  or  in  part  of  an  annunity 
or  usufruct  or  right  of  use  or  habitation,  the  court  shall  consider 
the  expectancy  of  life  of  the  legatee  or  donee  according  to  the 
table  known  as  the  American  Experience  Table  of  Mortality,  at 
six  per  cent,  per  annum  compound  interest. 

(Delinquent  Penalty.) 

Section  24.  Taxes  hereby  levied  shall  bear  interest  at  the 
rate  of  two  per  cent  per  month,  beginning  six  months  after  the 
death  of  the  decedent;  saving  to  any  heir,  legatee,  or  donee  the 


86 

right  to  stop  the  running  of  interest  against  him  by  paying  the 
amount  of  his  tax  with  accrued  interest,  or  by  tendering  the  same 
to  the  tax  collector  in  the  manner  prescribed  by  the  general  law ; 
provided,  however,  that  in  cases  in  which  the  settlement  of  the 
succession  is  not  unduly  delayed,  or  in  which  the  right  of  any 
party  to  receive  an  inheritance  or  legacy  is  contested,  and  in  all 
cases  in  which  the  failure  to  pay  tax  on  any  legacy  or  inherit- 
ance within  the  period  aforesaid  is  not  imputable  to  the  laches 
of  the  heir  or  legatee,  the  court  may,  in  its  discretion,  remit  such 
interest. 

(Costs  to  Be  Borne  by  the  Succession.) 

Section  25.  The  costs  of  all  the  proceedings  under  this  Act 
shall  be  borne  by  the  mass  of  the  succession;  provided,  that  in 
cases  in  which  it  seems  to  him  equitable  to  do  so  the  judge  shall 
have  the  power  to  apportion  the  costs  among  the  several  parties, 
or  allow  any  party  to  retain  his  costs  out  of  any  sum  found  to 
be  due  by  him  for  tax  hereunder.  Provided,  the  provisions  of 
this  Act  shall  affect  all  successions  not  finally  closed,  or  in  which 
the  final  account  has  not  been  filed. 

(Assessing  the  Poll  Tax,  S.  1,  A.  89,  '88). 

The  Tax  Assessors  throughout  the  State  be  and  they  are 
hereby  required  to  render  to  the  School  Boards  of  their  respective 
parishes,  annually, 'by  the  first  Saturday  of  October,  a  complete 
schedule  list,  by  wards,  of  all  persons  liable  to  pay  poll  tax  in 
their  respective  parishes.  If  any  Assessor  fails  to  comply  with 
the  requirements  of  this  Act,  the  failure  shall  be  cause  for  re- 
moval ;  besides,  he  shall  be  subject  to  a  fine  of  $250,  for  the  benefit 
of  the  public  schools  in  the  parish  in  which  the  delinquent  officer 
resides,  and  in  which  he  is  the  Assessor.  In  the  City  of  New 
Orleans  the  Board  of  Assessors  shall  comply  with  the  require- 
ment of  this  Act,  and  in  the  event  of  failure,  shall  be  subject 
to  dismissal  and  penalty  as  before  provided.  (See  Arts.  231  and 
252,  ^Constitution  of  1898.) 

(Returns  of  Collections,  S.  2,  A.  89,  '88.) 

The  Sheriffs  and  Tax  Collectors  in  their  respective  parishes 
shall  return,  by  the  first  Saturday  of  February,  of  each  and  every 
year,  to  the  School  Boards  of  their  respective  parishes,  a  list  pred- 


87 

icated  upon  the  list  mentioned  by  wards,  showing  all  persons  in 
the  parishes,  respectively,  who  have  paid  their  poll  tax,  as  well 
as  persons  who  have  not  paid  the 'same,  and  shall  return  their 
reasons  in  writing  and  under  cath,  the  cause  in  each  instance 
of  the  non-payment  of  a  poll  tax,  and  why  they  have  not  collected 
the  tax  not  collected. 

(Penalties,  S.  3,  A.  89,  '88.) 

If  the  said  Sheriff  or  Tax  Collector  fails  to  show  cause  why 
the  said  poll  tax  has  not  been  collected,  he  shall  be  responsible 
for  and  shall  pay  the  poll  taxes  he  has  failed  to  collect,  and  shall 
be  held  liable  with  his  securities  on  his  official  bond  for  the  pay- 
ment of  said  tax. 

(Rules  for   Non-Compliance,  S.  4,  A.  89,  '88.) 

The  Sheriff  can  be  made  to  show  cause  why  the  said  poll  tax 
has  not  been  collected,  at  chambers,  before  the  district  judge, 
after  service  of  rule  and  three  days  have  elapsed  after  service. 

(Receipt  for  the   Poll   Tax,  S.  1,  A.  87,  '86.) 

Before  any  persons  serving  as  jurors  or  witnesses  in  criminal 
cases  shall  receive  the  compensation  to  which  they  are  entitled 
for  their  mileage  and  per  diem,  they  shall  exhibit  to  the  clerk 
of  the  court  a  receipt  for  the  poll  tax  or  taxes  due  by  them. 

(Deduction  of  Witnesses'  and  Jurors'  Compensation,  for  Poll  Tax,  S.  2, 
A.  87,  '86.) 

On  their  failure  to  produce  such  receipt  the  clerk  of  court 
or  other  officer,  issuing  certificates  or  warrants  for  their  mile- 
age and  per  diem,  shall  issue  certificates  or  warrants  for  amounts 
less  the  poll  tax  due,  and  shall  issue  the  certificate  or  warrants 
for  amounts  so  reserved  for  poll  tax,  to  the  treasurer  of  the 
school  board  of  the  parish,  who  shall  collect  same. 

(Report  by  the  Clerk  of  Court,  S.  3,  A.  87,  '86.) 

The  clerk  of  court  or  other  officer,  issuing  such  certificates  or 
warrants,  shall  report  to  the  tax  collector  of  the  parish  the  names 
of  all  persons  from  whom  he  has  reserved  amounts  for  poll  tax, 
and  the  tax  collector  shall  give  such  person  credit  for  such  poll 
tax. 

NOTE. — The  custom  Of  sonie  tax  collectors  of  claiming  and  collecting  com- 
missions for  the  retention  of  polls  by  the  Clerk  of  Court  is  without  foundation 
in  law,  as  the  tax  collector  in  no  sense  collects  the  tax  and  is  entitled  to  no 
commission  thereon. 


88 

(Poll  Tax  Collections  of  Orleans,  S.  1,  A.  56,  '94.) 

The  collection  of  poll  taxes  in  the  Parish  of  Orleans,  to- 
gether with  all  the  processes,  commissions  and  obligations  inci- 
dent thereto  as  now  provided  by  law,  are  vested  in  the  treasurer 
of  the  City  of  New  Orleans. 

(Election  on  Sale  of  School   Lands,  S.  2958,  R.  S.) 

It  shall  be  the  duty  of  the  parish  treasurers  of  the  several 
parishes  in  this  State  to  have  taken  the  sense  of  the  inhabitants 
of  the  township,  to  which  they  may  belong,  any  lands  heretofore 
reserved  and  appropriated  by  Congress  for  the  use  of  schools, 
wnether  or  not  the  same  shall  be  sold,  and  the  proceeds  invested 
as  authorized  by  an  Act  of  Congress,  approved  February  15, 
1843.  Polls  shall  be  opened  and  held  in  each  town- 

ship after  advertisement,  for  thirty  days,  at  three  of  the  most 
public  places  in  the  town,  and  at  the  courthouse  door,  and  the 
sense  of  the  legal  voters  therein  shall  be  taken  within  the  usual 
hours,  and  in  the  usual  manner  of  holding  elections,  which  elec- 
tions shall  be  held  and  votes  received  by  a  member  of  the  parish 
school  board  or  a  justice  of  the  peace;  and  if  a  majority  of  the 
legal  voters  be  in  favor  of  selling  the  school  lands  therein,  the 
same  may  be  sold,  but  not  otherwise.  The  result  of  all  such  elec- 
tions shall  be  transmitted  to  the  parish  treasurer,  and  by  him  to 
the  State  Superintendent. 

(Survey,  S.  2959,   R.  S.) 

Before  making  sale  of  the  school  lands  belonging  to  the  State, 
it  shall  be  the  duty  of  the  parish  treasurer,  or  other  persons 
whose  duty  it  may  become  to  superintend  the  sales,  to  cause  a 
resurvey  of  such  lines  as  from  any  cause  may  have  become  oblit- 
erated or  uncertain;  and  for  this  purpose  he  is  authorized  to 
employ  the  parish  surveyor,  or  on  his  default,  any  competent 
surveyor;  and  the  lines  thus  surveyed  shall  be  marked  in  such 
manner  as  to  enable  those  interested  to  make  a  thorough  exam- 
ination before  sale,  and  all  advertisements  made  for  the  sale  of 
such  lands  shall  contain  a  full  description  thereof  according  to 
the  original  survey  and  that  required  by  this  section.  The  ex- 
penses of  the  survey  shall  be  paid  by  the  Auditor  of  Public  Ac- 
counts out  of  the  proceeds  of  the  sale  of  the  lands  on^the  war- 
rants of  the  parish  treasurer. 

NOTE. — The  State  is  the  trustee  of  these  lands  or  of  the  proceeds  of  their 
sale  for  the  use  of  the  inhabitants  of  the  township  in  which  they  are  located — 
vide,  Board  of  School  Directors,  vs.  Ober,  32  A.  419.  ^ 


89 

(Rights   of  Way    May    Be   Granted   to   the   United   States   by   the   School 
Boards,  A.  14,  '08.) 

The  Parish  Board  of  School  Directors  of  any  parish  within 
the  State  shall  have  authority  by  resolution  duly  passed  by  said 
board,  when  in  its  judgment  it  is  to  the  manifest  interest  of  the 
public  in  general,  and  in  order  to  facilitate  the  construction, 
maintenance  and  operation  of  canals,  or  a  portion  of  a  canal,  or 
branch  of  any  canal,  constructed  by  or  under  the  authority  of 
the  United  States  for  the  purpose  of  transportation  or  for  pur- 
poses of  extension  or  improvement  of  the  public  waterways,  to 
donate  to  the  United  States  of  America  rights  of  way  over  and 
across  any  of  the  lands  belonging  to  the  public  schools  located 
within  the  parish  in  which  said  board  is  constituted  or  organized, 
which  grant  or  donation  may  be  made  without  any  previous  ad- 
vertisement thereof,  when  authorized  by  a  resolution  of  said 
board  to  sign  an  act  of  conveyance  evidencing  such  grant  or 
donation;  provided,  however,  that  the  said  Parish  Boards  of 
School  Directors  shall  in  every  case  reserve  the  right  to  control, 
occupy  and  use  any  part  of  said  rights  of  way  not  actually 
needed  by  the  United  States  in  the  manner  and  to  the  same 
extent  as  before  conveying  said  rights  of  way,  and  also  the  right 
to  transfer,  lease,  quit-claim,  or  otherwise  dispose  of  the  said 
rights  of  way  and  every  part  thereof,  subject  to  the  grant  made 
to  the  United  States. 

(Sale  on  the  Order  of  the  Auditor,  S.  2960,  R.  S.) 

If  the  majority  of  the  votes  taken  in  a  township  shall  give 
their  assent  to'  the  sale  of  the  lands  aforesaid,  the  parish  treas- 
urer shall  forthwith  notify  the  Auditor  of  Public  Accounts  of  the 
vote  thus  taken,  and  upon  his  order  the  said  lands  shall  be  sold 
by  the  parish  treasurer,  at  public  auction,  before  the  courthouse 
door,  by  the  sheriff  or  an  auctioneer  to  be  employed  by  the 
treasurer  at  his  expense,  to  the  highest  bidder,  in  quantities  not 
less  than  40  acres,  nor  more  than  160,  after  having  been  pre- 
viously appraised  by  three  sworn  appraisers,  selected  by  the 
parish  treasurer  and  recorder  of  the  parish,  after  thirty  (30) 
days  advertisement,  but  in  no  case  at  a  less  sum  than  the  ap- 
praised value,  payable  on  a  credit  of  ten  years,  as  follows :  ten 
per  cent  in  cash  and  the  balance  in  nine  annual  installments,  the 


90 

interest  to  be  paid  on  the  whole  amount,  annually,  at  the  rate  of 
eight  per  cent  per  annum ;  the  notes  shall  be  made  payable  to  the 
Auditor  of  Public  Accounts,  secured  by  special  mortgage  on  the 
land  sold,  and  personal  security  in  solido,  until  final  payment  of 
principal  and  interest;  in  event  of  the  purchaser  neglecting  or 
refusing  to  pay  any  of  these  installments  or  interest  at  maturity, 
the  mortgage  shall  be  forthwith  closed,  and  the  parish  treasurer 
is  hereby  authorized  to  advertise  and  sell  the  land  as  before  pro- 
vided for,  and  further  authorized  and  required  to  execute  all 
acts  of  sale  on  behalf  of  the  State  for  any  such  lands  sold,  to 
receive  the  cash  payment  and  notes  given  for  the  purchase,  which 
shall  be  made  payable  to  the  State  Treasurer,  and  to  place 
the  same  in  the  office  of  the  Auditor  of  Public  Accounts  for 
collection;  all  cash  received,  either  for  principal  or  interest, 
from  said  sales  shall  be  transmitted  by  him  to  the  State  Treas- 
urer, and  any  moneys  thus  received  into  the  State  Treasury 
from  sales  aforesaid  shall  bear  interest  at  the  rate  of  four  per 
cent  per  annum,  and  be  credited  to  the  township  to  which  the 
same  belongs  according  to  the  provisions  of  the  Act  of  Congress. 
The  parish  treasurer  shall  forthwith  notify  the  State  Super- 
intendent of  the  results  of  all  sales  made  by  him.  The  parish 
treasurer  shall  be  authorized  to  receive  the  whole  amount  bid 
for  the  lands,  deducting  the  eight  per  cent  interest  which  the 
credits  will  bear.  (See  Supreme  Court  decision  as  to  price,  etc.) 

NOTE. — The  above  Act  has  been  amended  by  Act  57  of  '84,  changing  6  per 
cent  to  4  per  cent. 

(Sale  of  Uninhabitable  Lands,  S.  1,  A.  168,  '94.) 

All  sixteenth  section  lands  located  in  a  township  not  habita- 
ble by  reason  of  the  land  being  swamp  or  sea  marsh,  the  school 
board  of  the  parish  in  which  such  lands  are  located  may  present 
an  application  for  sale  of  such  sixteenth  section  land  to  the  Aud* 
itor  of  Public  Accounts,  in  which  they  shall  set  forth  the  location 
of  the  township,  its  character  and  the  reason  upon  which  a  sale  is 
desired,  and  upon  receipt  of  such  application  duly  signed  by  the 
president  and  secretary  thereof,  the  Auditor  may  authorize  the 
sale,  if  in. his  judgment  a  sale  should  be  made. 

(Sale  Conducted  in  the  Same  Manner  as  Others,  S.  2,  A,  168,  '94.) 

In  case  a  sale  is  ordered  as  provided  for  in  Section  1  of  this 
Act,  the  parish  treasurer  shall  make  such  sale  in  the  same  man- 


91 

ner,  and  upon  the  terms  and  conditions  as  is  now  provided  by 
law,  for  the  sale  of  sixteenth  section  lands;  provided  this  Act 
shall  not  apply  to  sixteenth  sections  now  leased  to  parties  for  a 
term  of  years. 

(Sale  of  Sections   Divided  by   Parish   Lines,  A.  147,  '57.) 

When  the  sixteenth  section  of  any  township  is  divided  by 
a  parish  line,  the  treasurer  of  the  parish  in  which  a  greater 
portion  of  the  section  may  lie,  shall  proceed  to  take  the  sense  of 
the  people  of  the  township,  and  to  sell  the  same  as  provided  by 
law,  as  if  the  whole  section  lay  in  his  parish;  provided,  that 
the  same  shall  be  advertised  at  the  courthouses  of  both  parishes. 

(Treasurer's  Commission,  A.  33,  '59.) 

Parish  treasurers  of  the  several  parishes  shall  be  entitled 
to  retain  out  of  the  proceeds  of  the  sale  of  sixteenth  sections 
effected  by  them  a  percentage  of  two  and  one-half  on  the  amount 
of  said  sales,  to  be  deducted  from  the  cash  payment,  and  the 
same  shall  be  in  full  compensation  of  their  services. 

(Proceeds  of  Lands  Accruing    to  Townships,  S.  2963,  R.  S.) 

All  moneys  that  have  been  or  may  hereafter  be  received  into 
the  State  Treasury,  and  the  interest  that  has  or  may  accrue 
thereon  from  the  sale  of  sixteenth  sections  of  school  lands 
or  the  school  land  -warrants  belonging  to  the  various  townships 
in  the  State,  shall  be  placed  to  the  credit  of  the  township,  and 
should  the  people  of  any  township  desire  to  receive  for  the 
use  of  the  schools  therein,  the  annual  interest  payable  by  the 
State  on  funds  deposited  to  their  credit,  or  the  annual  proceeds 
of  the  loans,  the  parish  treasurer  shall,  on  the  petition  of  five 
legal  voters  in  any  such  township,  order  an  election  to  be  held 
in  the  township,  as  provided  for  the  sale  of  township  lands ;  and 
if  a  majority  of  any  number  of  votes  above  seven  be  in  favor  of 
receiving  annually  the  accruing  interest  as  aforesaid,  the  same 
shall  be  paid  to  the  treasurer  of  the  parish  for  the  use  of  the 
township  or  district;  otherwise  the  interest  shall  be  an  accu- 
mulating fund  to  their  credit  until  called  for. 

(Mode  of  Annulling  Sales,  S.  2965,  R.  S.) 

In  all  cases  of  the  sale  of  the  school  lands  known  as  sixteenth 
sections,  heretofore  made,  where  the  purchase  money  has  not 
been  paid,  the  purchaser  or  purchasers  shall  have  the  right  to 


92 

annul  the  sale  upon  application  to  the  district  court  of  the  par- 
ish where  the  land  is  situated;  provided,  that  the  judgment  of 
nullity  shall  be  obtained  at  the  cost  of  the  applicant  and  con- 
tradictorily with  the  district  attorney,  in  conjunction  with  the 
school  directors  of  the  district  in  which  said  land  is  situated, 
who  shall  be  made  a  party  defendant  in  such  suit;  provided, 
also;  that  it  shall  appear  upon  the  hearing  that  the  value  of  the 
land  has  not  been  impaired  by  any  act  of  the  purchaser;  and 
provided  further,  that  nothing  in  this  Act  shall  be  so  construed 
as  to  entitle  the  said  purchaser  to  repayment  of  any  part  of 
the  purchase  money  already  paid. 

(Auditor's  Duty  in  the  Collection  of  Notes,  S.  1,  A.  57,  '84.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  im- 
mediately on  the  passage  of  this  Act,  to  forward  for  collection 
to  the  treasurer  of  the  school  board  in  their  respective  parishes 
throughout  the  State,  all  the  notes  given  for  the  purchase  price 
of  sixteenth  sections,  or  any  part  thereof,  known  as  free  school 
lands,  whenever  any  installment  of  said  purchase  price  has 
become  due  or  may  become  due,  and  it  shall  be  the  duty  of  said 
treasurer  of  the  parish  school  board  to  receive  and  receipt  for 
same. 

(School     Board    Treasurer's     Duty    in    the    Collection    of    Notes,    S.    2, 
A.  57,  '84.) 

It  shall  be  the  duty  of  the  treasurer  of  the  parish  school 
board,  on  receipt  of  the  notes  due  and  given  for  said  sixteenth 
sections,  to  immediately  notify  the  principal  and  his  sureties,  in 
writing,  of  the  amount  of  said  note,  principal  and  interest,  due 
and  unpaid ;  provided,  said  lands  for  which  said  notes  were 
given  are  still  in  possession  of  the  original  purchaser,  and  if  in 
the  possession  of  other  parties,  such  possessor  shall  also  be  like- 
wise notified  of  all  the  demands  principal  and  interest,  against 
said  lands,  and  if  all  the  demands  against  the  same  be  not  satis- 
fied within  thirty  days  from  said  notice,  it  shall  be  the  duty,  of 
the  treasurer  of  the  parish  school  board  to  turn  over  said  notes 
to  the  district  attorney  for  said  district,  or  other  attorney  selected 
by  the  school  board,  for  suit;  and  provided  further,  that  said 
notice  shall  serve  as  a  bar  to  prescription,  which  shall  only  begin 
to  run  from  the  service  of  said  notice. 


93 

(Attorney's  Duty  in  the  Collection  of  Notes,  S.  3,  A.  57,  '84.) 

It.  shall  be  the  duty  of  said  attorney  to  proceed  without 
delay,  by  all  necessary  legal  processes,  and  without  depositing 
clerk's  or  sheriff's  costs,  or  giving  security  therefor,  to  collect 
all  such  notes  as  may  be  turned  over  to  him  by  said  treasurer 
of  the  parish  school  board,  and  given  for  sixteenth  sections, 
known  as  free  school  lands,  and  if  any  of  the  conservatory  writs 
should  be  found  to  be  necessary  in  order  to  aid  in  said  collection, 
it  shall  be  lawful  to  issue  the  same,  without  giving  bond  as 
required  in  other  cases. 

(Attorney's    Compensation,    S.   4,   A.   57,   '84.) 

The  said  attorney  shall  receive  ten  per  cent  of  all  moneys 
collected  by  him  on  notes  given  for  sixteenth  sections,  and  after 
deducting  said  ten  per  cent  he  shall  turn  over  the  remainder  to 
the  treasurer  of  the  school  fund  for  the  parish  in  which  the  lands 
are  situated,  and  the  same  shall  be  transmitted  through  the 
Auditor  of  Accounts,  by  said  treasurer,  to  the  State  Treasurer; 
and  any  moneys  thus  received  into  the  State  Treasury  from 
said  collections  shall  bear  interest  at  the  rate  of  four  per  cent 
per  annum,  and  be  credited  to  the  township  to  which  the  same 
belongs,  according  to  the  provisions  of  the  Act  of  Congress. 

(When  Scrip   May   Issue,  S.  2952,   R.  S.) 

When  such  locations  cannot  be  made,  if  deemed  more  ad- 
vantageous, to  the  State,  the  Register,  with  the  assent  of  the 
Federal  Government,  is  authorized  to  issue  scrip  for  such  lands, 
which  scrip  shall  not  be  sold  for  a  less  amount  than  one  dollar 
and  twenty-five  cents  per  acre. 

(Duty  of  the  Auditor  in   Fixing   Capital   Due  the  Townships,  A.  96,  '86.) 

It  shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  by 
the  1st  day  of  January,  1887,  to  ascertain  the  amount  of  capital 
that  may  be  due  the  several  townships  from  the  proceeds  of 
the  sales  of  sixteenth  sections,  made  since  the  1st  of  January, 
1880,  and  actually  paid  into  the  State 'Treasury.  The  amount 
thus  ascertained  shall  be  the  capital  upon  which  interest  shall 
thereafter  be  allowed  and  paid  out  of  the  interest  collected  on 
the  said  bonds  to  the  townships,  the  sixteenth  sections  of  which 
have  been  sold  since  the  1st  of  January,  1880,  and  the  proceeds 


94    , 

actually  paid  into  the  State  Treasury,  and  the  proceeds  so  paid 
invested  as  required  by  law. 

In  calculating  the  interest  due  the  several  townships,  no  in- 
terest shall  be  allowed  for  fractions  of  the  year  during  which 
the  receipts  shall  have  come  into  the  treasury;  but  it  shall  com- 
mence at  the  beginning  of  the  first  of  January  of  the  next  year. 

The  interest  due  upon  the  capital  ascertained  as  aforesaid, 
and  the  interest  due  upon  subsequent  sales,  shall  be  paid  to  the 
township  in  the  manner  now  provided  for  by  law.  It  shall  be 
the  duty  of  the  Auditor  to  furnish  the  Treasurer  and  Superin- 
tendent of  Public  Education  with  a  statement  of  the  amount 
due  each  township. 

(Lake  Beds  Sold  for  Account  of  Schools,  A.  124,  '02.) 

Section  1.  All  islands,  other  than  sea  marsh  islands,  be- 
longing to  the  State,  as  well  as  all  other  lands  of  the  State,  not 
the  property  of  any  levee  district,  nor  within  the  limits  of 
any  levee  district,  which  were  formerly  the  beds  of  lakes,  or 
other  bodies  of  water,  whether  navigable  or  unnavigable,  which 
are  now,  or  may  hereafter  become  dry  in  whole  or  in  part  by 
reason  of  the  recession  therefrom  of  the  waters  which  formerly 
covered  the  same,  be  and  the  same  are  hereby  declared  to  be 
open  to  entry  and  sale  for  account  of  the  State  for  school  pur- 
poses as  hereinafter  provided. 

(Proceeds   of   Sale   of   All    Such    Lands   to    Be    Placed    to   the   Credit   of 
General   School   Fund,  A.  124,  '02.) 

Section  7.  The  proceeds  arising  from  the  sales  of  said  lands 
shall,  when  paid  into  the  hands  of  the  State  Treasurer,  be  placed 
by  him  to  the  credit  of  the  General  School  Fund  of  the  State 
for  the  benefit  of  the  public  schools  of  the  State  as  now  pro- 
vided by  law;  provided  that  in  addition  to  the  price  paid  the 
Treasurer  the  purchaser  of  any  of  the  lands  described  in  this 
Act  shall  pay  to  the  Register  the  fees  allowed  by  law. 

>(Duty  of  School  Board  Wh'en  Vote  Is  Against  Sale  of  Lands,  S.  1,  A.  54, 
'10,  amending  A.  129,  '08,  amending  S.  2962  of  the  Revised 
Statutes.) 

Should  a  majority  of  the  legal  voters  be  against  the  sale  of 
the  lands,  then  it  shall  be  the  duty  of  the  parish  board  of  school 
directors  of  the  parish  in  which  said  lands  are  located  to  secure 


95 

them  from  injury  and  waste  and  to  prevent  illegal  possession  or 
aggression  of  any  kind  and  to  lease  the  same,  or  any  part  thereof, 
according  to  the  provisions  of  the  Act  of  Congress  aforesaid  as 
amended  by  Act  of  Congress  approved  June  12th,  1884,  and  to 
inform  the  State  Superintendent  thereof. 

(Advertising    Lease;    Security    Required.) 

Such  lease  shall  only  be  made  after  due  notice  shall  have  been 
given  by  advertisement,  for  at  least  thirty  days,  in  the  official 
journal  of  the  parish,  or  in  any  paper  published  regularly  in  the 
parish  containing  the  land  to  be  leased,  of  the  time  and  place 
where  the  land  will  be  offered  for  lease  to  the  highest  bidder.  In 
all  cases  ample  security  shall  be  required,  not  only  for  the  punct- 
ual payment  of  the  rent  but  for  the  protection  of  the  lands  from 
all  kinds  of  waste  and  injury.  .  Said  parish  board  of  school 
directors  shall  have  the  right  to  reject  any  and  all  bids  offered 
for  said  lease,  if  in  its  judgment  the  bids  do  not  reach  a  just  and 
fair  value  of  the  lease. 

(Manner   of    Holding    Elections    on    Sale    of   Timber;    Lease    of   Oil    and 
Mineral    Rights.) 

The  Parish  Board  of  School  Directors  shall  have  the  author- 
ity, when  in  its  judgment  it  is  to  the  best  interest  of  the  schools 
of  a  township,  to  take  the  sense  of  the  legal  voters  residing  in 
such  township  relative  to  the  sale  of  the  timber  on  sixteenth 
section  school  lands  situated  therein  or  the  lease  or  sale  of  oil 
and  mineral  rights  on  such  land.  Said  vote  shall  be  taken  under 
the  direction  of  said  board,  who  shall  give  thirty  days'  notice 
thereof  in  the  parish  journal,  or  in  any  paper  regularly  pub- 
lished in  the  parish,  setting  forth  the  time  and  place  of  the  elec- 
tion to  be  held.  The  said  board  shall  appoint  one  of  its  mem- 
bers to  conduct  the  election,  who  shall  hold  open  the  polls  and 
allow  votes  to  be  cast  within  the  usual  hours  and  in  the  usual 
manner  of  holding  elections. 

(Affirmative  Vot^  to  Be   Reported  to  State  Superintendent  and  Auditor 
of  Public  Accounts.) 

If  a  majority  of  the  votes  cast  are  in  favor  of  the  sale  of  the 
timber,  or  the  lease  or  sale  of  oil  and  mineral  rights,  the  Parish 
Board  of  School  Directors  shall  at  once  report'  the  "result  of  the 
election  to  the  State  Superintendent  of  Public  Education  and 


96 

to  the  State  Auditor  of  Public  Accounts,  and  upon  the  order 
of  the  State  Auditor  the  said  board  shall  proceed  to  sell  the 
timber  or  lease  or  sell  the  oil  and  mineral  rights,  either  or  both, 
as  the  case  may  be,  under  the  same  formalities  and  requirements 
as  provided  for  the  lease  of  sixteenth  section  school  lands  here- 
inabove  set  forth. 

(Notes    Made    Payable   to    Auditor   of    Public    Accounts,    Secured    by    at 
Least   Two   Solvent   Sureties    in    Solido.) 

In  all  cases  where  a  sale  of  timber  or  of  oil  and  mineral  rights 
is  made  under  the  provisions  of  this  Act  and  deferred  payments 
are  allowed,  the  notes  representing  such  deferred  payments 
shall  be  made  payable  to  the  order  of  the  Auditor  of  Public 
Accounts,  and  their  punctual  payment  shall  be  secured  by  at 
least  two  good  and  solvent  sureties  who  shall  be  liable  "in 
solido." 

(Funds  Accruing  From  Lease  of  Lands,  Sale  of  Timber  and  Mineral  and 
Oil  Rights  Credited  to  Current  School  Fund  of  Parish.) 

In  all  cases  of  the  lease  of  sixteenth  section  school  lands,  or 
of  the  sale  of  the  timber  thereon  or  of  the  lease  or  sale  of  oil  and 
the  mineral  rights  thereof,  the  cash  payment  after  deducting  suf- 
ficient amount  to  cover  the  actual  expenses  incurred  by  the  said 
election  and  making  the  said  lease  or  sale,  shall  be  credited  to 
the  account  of  the  current  school  fund  of  the  parish  where  the 
sixteenth  section  school  lands  are  located,  and  notes  representing 
deferred  payments  shall  be  placed  in  the  hands  of  the  parish 
school  treasurer  for  collection,  and  when  collected  also  credited 
to  the  current  school  fund  of  said  parish,  to  be  used  for  general 
school  purposes. 

(Leases  or  Sales  of  Timber,  Oil  and   Mineral   Rights  Expire  Automatic- 
ally After  Ten  Years.) 

In  all  cases  where  a  sale  of  timber  or  the  lease  of  or  sale  of 
the  oil  and  mineral  rights  is  made  under  the  provisions  of  this 
Act,  the  purchaser  thereof  or  his  vendees,  or  the  lessee,  shall 
be  allowed  a  period  of  not  more  than  ten  years  in  which  to 
remove  the  timber  or  to  utilize  the  oil  and  mineral  rights. 

(Trespass  on  Sixteenth  Section,  S.  1,  A.  14,  '82.) 

Whoever  shall  cut  down,  or  remove  for  sale  for  his  own  use, 
or  the  use  of  another,  any  timber  on  any  free  school  land  in  this 


97 

State,  belonging  to  the  State,  known  as  sixteenth  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
condemned  to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and,  in  default  of  the  same,  be  sentenced  to 
imprisonment  not  less  than  ten  days  nor  more  than  one  year. 

(Same,  S.  2,  A.  14,  '82.) 

Whoever  shall  knowingly  use,  cultivate  or  inclose  any  free 
school  land,  known  as  sixteenth  section,  without  authority  from 
the  parish  board  of  school  directors,  shall  on  conviction  be  con- 
demned to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and  in  default  of  the  same  be  sentenced  to 
imprisonment  for  not  less  than  ten  days  nor  more  than  one  year. 

(School   Boards  Authorized  to  Sue  for  Recovery  of  Damages  and  Tres- 
pass on   Sixteenth   Sections,  S.  1,  A.   158,  '10.) 

The  several  school  boards  of  the  various  parishes  of  the  State 
be  and  they  are  hereby  authorized  and  empowered  to  contract 
with  and  employ  on  the  part  of  the  State  of  Louisiana,  attor- 
neys at  law,  to  recover  for  the  State,  damages  for  trespass  to 
the  sixteenth  section  known  as  school  lands  the  title  to  which 
is  still  in  the  State,  each  of  said  Boards  to  have  authority  to 
make  said  contracts  for  the  lands  situated  in  its  own  parish 
and  no  others ;  and  the  several  school  boards  shall  also  have 
authority  to  sue  for  and  recover  the  sixteenth  section  known 
as  school  lands. 

(Compensation   of   District  Attorney  and   Other  Attorneys,  S.  2,  A.   158, 
'10.) 

The  attorney  or  attorneys  thus  employed  shall  work  in  con- 
junction with  the  district  attorney  for  the  parish  in  which  the 
land  is  situated ;  that  the  compensation  of  the  district  attorneys 
shall  remain  as  now  fixed  by  law;  that  the  compensation  of 
the  other  attorney  or  attorneys  employed  shall  be  fixed  by  con- 
tract between  the  respective  school  boards  and  the  attorney  or 
attorneys  employed,  and  shall  in  each  case  be  a  contingent  fee, 
conditioned  upon  recovery;  shall  in  each  case  be  a  fixed  per- 
centage of  the  amount  recovered,  and  shall  in  no  case  exceed 
twenty-five  percentage  of  the  amount  recovered;  provided  that 
if  more  than  one  attorney  is  thus  employed  for  the  same  cause, 
the  same  fee  shall  be  paid  to  the  whole  number  of  attorneys,  as 
if  only  one  had  been  employed. 


98 

(Manner  of  Bringing  Suits,  S.  3,  A.  158,  '10.) 

Suit  in  all  such  cases  shall  be  brought  in  the  name  of  the 
State  of  Louisiana,  and  the  attorneys  employed  as  aforesaid, 
shall  sue  for  the  value  of  all  timber  cut  and  removed  from  any 
such  lands,  as  well  as  any  and  all  other  legal  damages  caused 
by  any  such  trespass. 

(Authority   Applies  to   Sixteenth    Sections    Illegally   Acquired.) 

The  authority  given  by  this  Act  shall  apply  to  all  sixteenth 
sections  donated  by  Congress  to  this  State  in  trust  for  public 
school  purposes,  and  to  which  the  State  has  never  legally  parted 
with  the  title;  and  the  suits  herein  authorized  may  be  brought 
against  those  who  claimed  the  right  to  cut  and  remove  timber 
from  any  such  lands,  under  color  of  title. 

(Residue  of  Amounts    Recovered   to   Be   Paid    Into   State   Treasury.) 

Each  and  every  amount  recovered  for  the  State  as  herein 
provided  shall,  after  deducting  and  paying  the  attorney's  fees 
as  herein  provided,  and  all  other  lawful  costs  and  charges,  be 
paid  into  the  State  Treasury,  to  be  kept  on  the  books  of  the 
Auditor  and  Treasurer,  to  the  credit  of  the  township  in  which 
the  land  is  situated,  in  the  same  manner  as  now  provided  by 
law  for  the  proceeds  of  the  sale  of  such  sixteenth  sections. 

(To   Provide  for  the  Sale  of  School   Indemnity   Lands,  A.  217,  '02.) 

Section  1.  That  all  lands  now  owned  by,  or  which  may 
.hereafter  inure  to  the  State  from  the  United  States  Govern- 
ment as  indemnity  for  school  lands,  shall  be  disposed  of  as 
hereinafter  provided. 

Section  2.  That  the  Register  of  the  State  Land  Office  shall 
eaus^  to  be  advertised  for  sale  at  public  auction  for  thirty  clear 
days,  a  list  of  the  lands  to  be  sold,  which  have  not  already  been 
advertised,  the  publication  to  be  made  in  a  newspaper  published 
in  the  parish  where  the  land  to  be  sold  is  situated,  and  no  land 
to  be  sold  shall  be  advertised  in  any  paper  published  outside  of 
the  parish  where  the  same  is  situated. 

Section  3.  That  the  Register  shall  adjudicate  said  lands  at 
public  auction  to  the  last  and  highest  bidder  at  his  office  and  in 
case  the  land  so  offered  for  sale  fails  to  bring  at  auction  the  price 
of  two  dollars  and  fifty  cents  ($2.50)  per  acre  the  same  shall  be 


99 

withdrawn  and  shall  be  thereafter  sold  by  him  at  private  sale  for 
two  dollars  and  fifty  cents  per  acre. 

Section  4.  That  the  Register  shall  not  issue  a  patent  to  the 
purchaser  of  said  land  until  he  shall  have  paid  into  the  hands 
of  the  State  Treasurer  the  purchase  price  of  said  lands. 

Section  5.  In  addition  to  the  purchase  price  paid  for  said 
lands,  the  purchaser  thereof  shall  pay  to  the  Register  the  same 
fees,  as  in  other  cases  where  a  patent  is  issued,  and  out  of  the 
purchase  price  so  paid,  the  Treasurer  of  the  State  shall  pay  the 
cost  of  advertising  said  property  and  place  the  balance  thereof 
to  the  credit  of  the  various  school  boards  entitled  to  receive 
same. 

Section  6.  The  provisions  of  this  Act  shall  not  refer  nor  apply 
to  applications  for  the  entry  and  sale  of  school  indemnity  lands 
which  may  be  pending  in  the  State  Land  Office  at  the  time  of 
the  passage  of  this  Act. 

(Sale  Which  Can  Be  Made  by  the  Land  Register,  A.  315,  '55.) 

It  shall  be  lawful  for  the  Register  of  the  State  Land  Office 
to  sell,  at  the  price  stipulated  by  law,  to  any  board  of  free 
school  district  directors  of  this  State,  any  amount,  not  less  than 
five  acres,  of  any  land  within  their  school  district,  donated 
by  Congress  to  this  State,  either  for  the.  use  of  a  seminary  of 
learning,  or  for  the  purpose  of  internal  improvement,  on  which 
to  erect  a  schoolhouse. 

(How  Located,  S.  2947,  R.  S.) 

Any  land  so  sold  shall  commence  in  the  corner  of  a  legal 
division  or  sub-division  of  sections;  and  if  in  a  right  angle,  it 
shall  be  run  an  equal  distance  on  two  sides,  bounded  by  the  line 
of  such  division,  and  form  a  square  including  the  number  of 
acres  sold;  if  in  an  acute  angle,  it  shall  be  bounded  by  said 
division  lines  to  such  distance,  and  by  lines  in  such  other  direc- 
'tions  as  the  Register  may  deem  most  equitable  between  the  land 
so  sold  and  that  retained;  the  patents  for  lands  so  sold  shall 
issue  to  the  free  school  directors  and  their  successors,  for  the 
use  of  their  district  schools,  setting  forth  the  number,  and  of 
what  parish. 


100 

(Reservation  of  School  Lands,  A.  316,  '55.) 

The  Register  of  the  State  Land  Office  is  required  to  ascer- 
tain in  what  township  in  this  State  there  are  no  reservations 
of  school  sections  by  reason  of  conflicting  claims  or  from  any 
other  cause,  or  where  the  reservation  is  less  than  contemplated 
by  law;  and  in  such  cases  it  is  made  his  duty  under  the  super- 
intendence of  the  Governor,  to  apply  for,  and  as  soon  as  possi- 
ble, obtain  a  location  of  any  land  or  part  of  land  in  lieu  thereof. 

(Providing    for   the    Deposit    of    Public    Funds,    A.   25,   '07,    amended    by 
A.  282,  '08.) 

That  all  funds  of  the  State  of  Louisiana,  and  of  all  parishes 
and  municipalities  thereof,  and  all  public  boards,  commissions, 
md  bodies  created  by  or  under  the  authority  of  the  State  or 
my  parish  or  municipality  thereof,  shall  be  deposited  weekly 
in  the  fiscal  agency  or  agencies  hereinafter  mentioned.  Such 
deposits  shall  be  made  in  the  name  of  the  State,  or  of  the  parish, 
municipality,  board,  commission  or  body  having  by  law  the 
custody  of  the  same. 

(Fiscal  Agent  to  Be  Bank  Offering  Highest  Rate  of  Interest.) 

The  fiscal  agency  or  agencies  with  whom  such  funds  shall 
be  deposited  shall  be  a  bank  or  banks,  chartered  under  the  laws 
of  the  State  of  Louisiana,  or  of  the  United  States,  and  domi- 
ciled in  this  State,  offering  the  highest  rate  of  interest,  consist- 
ent with  the  safety  of  such  funds,  upon  the  daily  balances  of 
the  deposits  so  to  be  made  and  giving  satisfactory  security  here- 
inafter mentioned. 

(Manner   of   Selecting    Fiscal    Agency   for   State,    Parish    and    Municipal 
Funds.) 

Such  fiscal  agency  or  agencies  shall  be  selected  as  follows : 
(1)  As  to  funds  belonging  to  or  received  in  behalf  of  the 
State  whether  by  the  State  Treasurer,  or  any  sheriff  or  tax  col- 
lector, the  Board  of  Liquidation  of  the  State  Debt  shall  bien- 
nially for  thirty  days  beginning  on  the  first  Monday  in  March,1 
1908,  advertise  in  the  official  journal  of  the  State,  and  in  one 
newspaper  published  in  the  cities  of  New  Orleans,  Baton  Rouge, 
Shreveport,  Alexandria,  Monroe,  Lake  Charles,  and  New  Iberia ; 
as  to  funds  received  by  and  in  the  hands  of  sheriffs  and  tax 
collectors,  said  Board  shall  advertise  for  a  like  period  in  the 


ioi  v  •'  '.vKSMiA 

same  manner  in  one  newspaper  published  in  the  parish  where 
such  collective  officer  exercises  his  office,  giving  notice  of  the  time 
and  place  of  letting  out  of  the  State's  deposits,  the  amount 
of  security  required,  and  inviting  banks  to  bid  for  the  custody 
thereof;  provided  that  as  to  the  funds  in  the  hands  of  the  State 
Treasurer,  said  advertisement  shall  be  first  made  thirty  days 
prior  to  the  expiration  of  the  present  contract  with  the  fiscal 
agents  of  the  State,  and  the  first  letting  shall  be  for  a  period  ex- 
piring April,  1910.  Should  there  be  but  one  bank  in  any  parish 
authorized  hereunder  to  bid  for  the  funds  received  by  or  in  tne 
hands  of  any  sheriff  or  tax  collector,  said  Board  is  authorized  to 
invite  bids  also  from  banks  in  contiguous  parishes,  when  in  their 
judgment  deemed  proper,  otherwise  bidders  shall  be  limited  to 
banks  domiciled  in  said  parish.  As  soon  as  possible  after  the 
expiration  of  the  terms  of  advertisement  herein  fixed  shall  have 
expired,  said  Board  shall  meet  at  the  capital  and  publicly  open 
bids  and  make  awards  of  said  deposits  as  herein  required. 

(2)  As  to  funds  belonging  to  or  received  in  behalf  of  any  par- 
ish or  municipality  of  this  State,  the  police  jury  or  the  munici- 
pal council  shall  at  .the  same  time,  in  the  same  manner  and  un- 
der the  same  regulations  and  penalties,  as  are  provided  for  the 
control  of  the  Board  of  Liquidation  of  the  State  Debt  in  refer- 
ence to  funds  received  by  and  in  the  hands  of  sheriffs  or  tax 
collectors,    advertise   and   let   such   funds;   provided  that   said 
advertisement  shall  be  for  a  period  of  fifteen  days. 

(Boards,  Etc.,  Manner  of  Selecting  Fiscal  Agency.) 

(3)  As  to  funds  belonging  to  or  received  by  any  public 
board,  commissions  or  body  created  by  any  special  or  general 
act  of  the  General  Assembly  of  the  State  not  held  in  the  custody 
or  possession  of  the  State  Treasurer,  such  board,  commission  or 
body  shall  advertise  and  let  the  deposits  to  the  bank  or  banks 
domiciled  within  the  territorial  jurisdiction  of  such  board,  com- 
mission or  body,  or  in  case  such  jurisdiction  does  not  extend 
over  an  even  parish,  then  to  any  bank  in  the  parish,  in  the  same 
manner,  at  the  same  time,  and  under  the  same  regulations  and 
penalties  as  are  prescribed  herein  for  funds  of  parishes  and 
municipalities. 


102 


(4)  As  to  the  funds  belonging  to  or  received  by  any  board, 
commission  or  body  created  or  controlled  by  any  parochial  or 
municipal  government,  the  same  shall  be  let  as  a  part  of  the 
funds  of  such  parish  or  municipality,  and  any  interest  earned 
thereon  shall  belong  to  the  parish  or  municipality  creating  the 
same. 

(5)  As  to  the  funds  deposited  in  the  registry  of  any  court 
or  coming  into  the  hands  of  the  clerk  of  court  or  sheriff  in  any 
judicial  proceeding,  and  not  belonging  to  such  officer,  the  same 
shall  be  deposited  in  the  fiscal  agency  awarded  the  custody  of 
the  funds  of  the  parish,  the  Parish  of  Orleans  excepted.    In  the 
Parish  of  Orleans,  such  funds  shall  be  deposited  in  the  bank  or 
banks  offering  the  highest  rate  of  interest  consistent  with  the 
safety  of  such  funds,  and  giving  security  therefor,  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  judges  of  the 
Civil  District  Court.    The  interest  thus  earned  shall  accrue  to  the 
party  or  parties  finally  decreed  to  be  entitled  to  the  ownership 
of  such  funds. 

(All   Bids  to   Be  Sealed.     Same.) 

Section  3.  All  bids  shall  be  sealed  and  indorsed  on  the 
envelope  "Fiscal  Agency  Bid,"  and  addressed  to  the  State  Aud- 
itor or  to  the  authority  letting  such  deposits,  as  the  case  may  be, 
and  shall  be  kept  sealed  until  the  meeting  of  the  authority  to 
award  said  funds. 

(Penalty  for  Breaking  Seal.) 

It  is  hereby  declared  a  misdemeanor,  punishable  by  fine  not 
exceeding  one  thousand  dollars  ($1,000)  or  imprisonment  not 
exceeding  one  year,  or  both  at  the  discretion  of  the  court,  for  any 
person  prior  to  such  meeting  to  break  the  seal  of  any  envelope  or 
covering  enclosing  such  bid,  or  to  examine  the  contents  thereof. 

(When  the  Bids  of  T'wo  Banks  Are  Equal.) 

Section  4.  Where  the  bids  of  two  or  more  banks  are  equal 
the  award  shall  be  made  to  such  banks  in  such  proportion  as  said 
banks  may  agree  upon,  and  if  they  fail  to  agree,  then  in  such 
proportion,  giving  each  a  share,  as  the  authority  letting  same 
may  determine. 


103 

(Compensation   Calculated  on   Daily-  Balance.) 

Section  5.  The  compensation  to  be  paid  for  deposits  afore- 
said shall  be  calculated  on  the  daily  balances  as  shown  by  the 
books  of  the  State  Treasurer,  or  of  the  treasurer  of  the  parish, 
municipality  or  body,  as  the  case  may  be,  and  shall  be  paid  on 
the  first  day  of  Janaury  of  each  year;  provided  that  the  author- 
ity letting  the  deposit  may  end  the  contract  as  to  all  or  any 
of  such  banks  at  any  time,  in  the  event  that  circumstances  arise 
which  in  their  opinion  jeopardize  the  safety  of  such  deposits,  by 
giving  thirty  days '  notice  in  writing  to  the  bank  or  banks  holding 
such  deposits,  and  all  such  deposits  shall  be  forthwith  returned 
by  such  bank  or  banks  upon  the  expiration  of  such  period.  And 
in  case  of  such  cancellation,  the  authority  shall  proceed  as  in  case 
of  original  lettings  or  relet  the  deposits  theretofore  deposited  with 
such  bank  or  banks  for  the  unexpired  term  of  such  contract. 

(Security  Required.) 

Section  6.  No  funds  of  the  State  nor  of  any  parish,  munici- 
pality, board,  commission  or  body  therein,  shall  be  awarded  to 
any  bank  or  banks  as  aforesaid  or  deposited  therein,  unless  and 
until  such  bank  or  banks  shall  have  given  the  security  provided 
in  this  section..  The  successful  bidder  or  bidders  shall  as  security 
for  the  safekeeping  and  return  of  said  deposit,  deposit  with  the 
State  Treasurer,  or  with  the  fiscal  officer  of  the  authority  letting 
such  deposits,  an  amount  of  bonds  of  the  United  States  or  of 
the  State  (except  Baby  Bonds)  or  of  any  parish,  city,  town  or 
levee  district  therein,  equal  to  the  estimated  average  deposits  of 
such  authority,  as  determined  by  the  record  of  the  year  pre- 
vious, or  shall  have  given  bond  with  a  duly  authorized  surety 
company  as  surety  conditioned  for  the  safe  keeping  and  return 
of  such  deposits  and  the  payment  of  the  interest  thereon  in  a 
like  amount;  provided  that  no  surety  company  shall  be  accepted 
as  surety  on  any  bond  for  a  greater  sum  than  ten  per  centum  of 
its  capital  and  surplus;  and  provided  further  that  such  bank 
or  banks  may  deposit  the  bonds  aforesaid  for  part  of  the  se- 
eurity  and  give  surety  bond  for  the  balance  in  such  proportion 
as  it  or  they  may  see  fit ;  and  provided  further  that  where  such 
deposits  are  divided  between  two  or  more  banks,  each  may  give 
security  for  its  proportion  of  the  total  security  required,  based 
on  the  proportion  of  such  deposits  awarded  to  it. 


104 

(When  Bonds  Are  Given  as  Security.) 

Section  7.  Where  any  successful  bidder  or  bidders  shall  elect 
to  deposit  as  security  the  bonds  of  any  political  subdivision  of 
the  State,  such  bonds  must  have,  a  market  value  of  aj  least  equal 
to  the  par  value  thereof,  and  in  case  such  bonds  should  depre- 
ciate in  value,  the  authority  shall  have  the  right  at  any  time  to 
demand  additional  security  to  make  up  the  deficiency.  If,  at  any 
time,  any  depositary  bank  fail  or  suspend,  or  fail  on  due  demand 
without  just  cause  to  pay  over  such  funds  so  deposited  with  it, 
the  State  Treasurer,  on  the  direction  of  the  Governor,  or  other 
fiscal  officer,  with  whom  any  bonds  may  have  been  deposited  as 
security,  on  the  direction  of  the  authority  which  made  such  let- 
ting, may  forthwith,  after  ten  days'  advertisement  in  the  news- 
paper or  newspapers  in  which  proposals  for  bids  must  be  adver- 
tised for  by  such  authority,  sell  such  bonds,  or  a  sufficient  amount 
thereof  to  cover  the  deposit  and  accrued  interest  thereon,  by  auc- 
tion at  the  customary  place  where  judicial  sales  are  made  in  the 
parish  where  such  securities  are  held.  In  case  any  surety  com- 
pany given  as  surety  should  fail,  cease  to  do  business,  or  liquidate, 
a  new  security  shall  be  substituted  within  ten  days  from  demand, 
else  the  contract  for  such  deposits  shall  ipso  facto  terminate  and 
a  reletting  of  said  deposits  shall  be  made. 

In  case  of  any  such  default  on  the  part  of  any  fiscal  agency 
as  aforesaid,  when  a  surety  bond  has  been  given  as  security, 
and  the  said  surety  company  shall  have  failed,  within  thirty  days 
after  demand  upon  it,  to  pay  the  amount  of  such  deposit  with 
the  accrued  interest  thereon,  the  State  Treasurer,  by  direction 
of  the  Governor,  or  the  fiscal  officer,  on  the  direction  of  the  au- 
thority that  let  such  deposit,  as  the  case  may  be,  shall  institute 
suit  in  the  name  of  the  State  or  such  authority,  as  the  case  may 
be,  against  the  principal  and  surety,  or  both  of  them,  on  such 
bond  for  the  recovery  of  the  amount  of  such  deposits  and  ac- 
crued interest  and  a  penalty  of  ten  per  centum  on  the  amount  so 
sued  for  together  with  costs.  Such  suit  may  be  brought  either 
at  the  designated  domicile  of  the  plaintiff  or  the  defendant ;  and 
in  case  of  deficiency,  the  same  shall  be  secured  by  first  lien 
and  privilege  on  all  property  and  assets  of  said  depositary. 


105 

(When  State   Borrows   Money;    Rate  to   Be  Paid.) 

Section  8.  In  case  it  should  become  necessary  for  the  State 
to  obtain  advances  of  money,  or  for  any  of  the  other  authorities 
to  borrow  money  in  cases  permitted  by  law,  the  bank  or  banks 
awarded  the  contract  as  fiscal  agent  or  agents,  shall  advance 
the  same  at  a  rate  of  interest  no  greater  than  that  allowed  on  the 
said  deposit ;  provided,  the  amount  so  advanced  shall  not  exceed 
the  amount  on  deposit  to  the  credit  of  the  State  or  such  au- 
thority. 

Section  9.  Wherever  by  any  existing  law  or  laws  the  deposit 
of  the  funds  of  any  municipality,  board,  commission  or  body  with 
any  bank  or  banks  paying  the  highest  rate  of  interest  consistent 
with  the  safety  of  such  funds,  and  giving  security  therefor,  is 
provided  for,  such  law  or  laws  shall  remain  in  full  force  and 
effect  and  nof  be  repealed  or  impaired  hereby.  Nor  shall  any 
existing  contracts  made  in  pursuance  of  any  such  law  or  laws  be 
affected  or  impaired  hereby.  Except  as  in  this  section  provided, 
all  laws  or  parts  of  laws  in  conflict  herewith  are  hereby  repealed. 

(Grants  and   Reservations.) 

The  lands  granted  in  the  States  and  reserved  in.  the  Territo- 
ries for  educational  purposes  by  Acts  of  Congress  from  1785  to 
June  30,  1880,  were : 

(For  Public  or  Common  Schools.) 

'  Every  sixteenth  section  of  public  land  in  the  States  admitted 
to  1848,  and  every  sixteenth  and  thirty-sixth  section  of  such  land 
in  State  and  Territories  since  organized— estimated  at  "67,893,919 
acres. 

(For  Seminaries  or  Universities.) 

The  quantity  of  two  townships,  or  46,080  acres,  in  each 
State  or  Territory  containing  public  land,  and,  in  some  instances, 
a  greater  quantity,  for  the  support  of  seminaries  or  schools  of  a 
higher  grade — estimated  at  1,165,520  acres. 

(For  Agricultural  and   Mechanical   Colleges.) 

The  grant  to  all  the  States  for  agricultural  and  mechanical 
colleges,  by  Act  of  July  2,  1862,  and  its  supplements  of  30,000 
acres,  for  each  Representative  and  Senator  in  Congress  to  which 
the  State  was  entitled,  of  land  "in  place"  where  the  State  con- 
tained a  sufficient  quantity  of  public  land  subject  to  sale  at  or- 


106 

dinary  private  entry  at  the  rate  of  $1.25  per  acre,  and  of  scrip 
representing  an  equal  number  of  acres  where  the  State  did  not 
contain  such  description  of  land,  the  scrip  to  be  sold  by  the 
State  and  located  by  its  assignees  on  any  such  land  in  other  States 
and  Territories,  subject  to  certain  restrictions.  Land  in  place, 
1,770,000  acres;  land  scrip,  7,830,000;  total,  9,600,000  acres. 

In  all,  78,659,439  acres  for  educational  purposes  under  the 
heads  above  set  out  to  June  30,  1880. 

The  lands  thus  ceded  to  the  several  States  were  disposed  of 
or  are  held  for  disposition,  and  the  proceeds  used  as  perma- 
nent endowments  for  common  school  funds.  (See  Report  of  the 
Commissioner  of  Education,  Hon.  John  Eaton,  to  June  30,  1880 ; 
land  and  auditors '  reports  for  the  several  land  States ;  Kiddle 
&  Schem's  Dictionary  of  Education;  and  also  ninth  census, 
E.  A.  Walker,  superintendent,  for  details  of  endowments  of  the 
several  States  for  common  schools  resulting  from  the  sales  of 
United  States  land  grants  for  education.)  As  an  illustration, 
the  State  of  Ohio  has  a  permanent  endowment  for  education, 
called  the  "Irreducible  State  Debt,"  the  result  of  sale  of  all 
granted  lands  for  education,  of  $4,289,718.52. 

(Price  of  Seminary  Lands,  S.  2954,  R.  S.) 

The  price  of  the  seminary  lands  shall  hereafter  be  fixed  at 
one  dollar  and  twenty -five  cents  per  acre. 

(Disposition  of  Funds  of  Towns  on  the  Recision  of  Their  Charters,  S.  6, 

A,  173,  '94.) 

If  after  paying  all  the  debts  of  said  town  (upon  the  disso- 
lution and  recision  of  its  charter)  there  shall  remain  any  balance 
of  money,  the  same  shall  be  turned  over  to  the  school  board  of 
the  parish  to  be  used  in  the  education  of  the  children  of  school 
age  residing  within  the  territory  covered  by  said  town. 

(Prescription  of  Debts,  Etc.,  S.  8,  A.  103,  '80.) 

The  term  of  prescription  of  any  and  all  debts,  due  to  any 
charitable  institution  in  this  State,  and  to  any  college  fund,  or 
any  fund  of  any  institution  of  learning,  or  to  any  fund  be- 
queathed for  charitable  purposes  of  education,  and  of  all  debts 
contracted  by  borrowing  the  whole  or  part  of  any  such  funds, 
shall  be  thirty  years;  provided,  the  debt  is  evidenced  in  writing. 


107 

(Free  School   Fund,  S.  2957,   R.  S.) 

The  proceeds  of  all  lands  heretofore  granted  by  the  United 
States  to  this  State  for  the  use  or  support  of  schools  except  the 
sixteenth  section  in  the  various  townships  of  the  State  specially 
reserved  by  Congress  for  the  use  and  benefit  of  the  people 
therein;  and  all  lands  which  may  hereafter  be  granted  or  be- 
queathed to  the  State,  and  not  specially  granted  or  bequeathed 
for  any  other  purpose,  which  hereafter  may  be  disposed  of  by 
the  State,  and  the  ten  per  cent  of  the  net  proceeds  of  the  sales 
of  the  public  land  and  which  have  accrued  and  to  accrue  to  this 
State  under  the  Act  of  Congress  entitled  ' '  An  Act  to  appropriate 
the  proceeds  of  the  public  lands,"  and  to  grant  pre-emption 
rights,  approved  September  4,  1841 ;  and  the  proceeds  of  the 
estates  of  deceased  persons,  to  which  the  State  has  or  may  become 
entitled  by  law,  shall  be  held  by  the  State  as  a  loan,  and  shall 
be  and  remain  a  perpetual  fund,  to  be  called  the  Free  School 
Fund,  on  which  the  State  shall  pay  an  annual  interest  of  six 
per  cent ;  which  interest,  together  with  the  interest  of  the  Trust 
Fund  deposited  with  this  State  by  the  United  States,  under  the 
act  of  Congress  approved  the  23d  of  June,  1836,  with  the  rents 
of  all  unsold  lands,  except  that  of  the  sixteenth  sections,  shall 
be  appropriated  for  the  support  of  public  schools  in  this  State ; 
and  donations  of  all  kinds  which  shall  be  made  for  the  support  of 
schools,  and  such  other  means  which  the  Legislature  may  from 
time  to  time  set  apart  for  school  purposes,  shall  form  a  part  of 
the  fund,  and  shall  also  be  a  loan  on  which  the  State  shall  pay 
an  interest  of  six  per  cent  per  annum. 

It  shall  be  the  duty  of  the  Treasurer  of  the  State  to  apply 
annually,  and  to  receive  from  the  General  Government,  the  said 
ten  per  cent  of  moneys  now  due  and  to  become  due  to  this  State, 
and  to  place  the  same,  when  received,  to  the  credit  of  the  proper 
fund,  and  to  report  thereon  to  each  session  of  the  General  As- 
sembly. 

(Special  Sources  of  Revenue.) 

1.  Act  85  of  '94. — Residue  from  sale  of  unclaimed  merchan- 
dise in  warehouse. 

2.  Act  124  of  '90. — Residue  from  sale  of  unclaimed  freight 
in  railroad  warehouse. 


108 

3.  Act  124    (Sees.  1  and  7),    '02.— Proceeds  from  sale  of 
"Islands  other  than  sea  marsh  islands." 

4.  See  S.  2957,  R.  S.— From  "Land  Grants"  other  than  the 
sixteenth  section. 

5.  Acts  39, 177,  '02.— From  sale  of  ' '  Internal  Improvement ' ' 
Swamp  Indemnity  Lands  and  Certificates. 

6.  Act  180  of  1902. 

7.  All  fines  and  forfeited  bonds. 

8.  See  Act  27,   75.— Fine  for  violation  of  laws  relative  to 
inquests,  etc. 

9.  Recision  of  town  charters,  S.  6,  A.  173  of  1894. 

10.  Donations. 

11.  Fees. 

12.  Inheritance  tax. 

13.  State  appropriation  for  high  and  agricultural  schools. 

14.  Special  school  tax. 

(Agriculture  and  Home  Economics  to  Be  Taught  in  Schools,  A.  306,  '10.) 

In  addition  to  the  branches  in  which  instruction  is  now  given 
in  the  public  schools  of  the  State  of  Louisiana,  instruction  shall 
also  be  given  in  all  the  elementary  and  secondary  schools  of  the 
State  in  the  principles  of  agriculture  or  horticulture  and  in 
home  and  farm  economy. 

(Spitting  on  Schoolhouse  Floor  Prohibited,  S.  1,  A.  91,  '08.) 

Any  person  who  shall  spit  upon  the  floor  or  walls  of  any 
passenger  car,  street  car,  depot  or  waiting  room,  courthouse, 
churchhouse,  schoolhouse,  or  any  other  public  building  whatever, 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction  shall 
be  fined  in  a  sum  not  less  than  Five  (5)  Dollars,  nor  more  than 
Twenty-five  ($25)  Dollars,  and  in  default  of  payment  of  fine 
and  costs,  shall  be  imprisoned  in  the  parish  jail  for  a  period 
not  exceeding  ten  days. 

(Providing    That   the    Doors    of    School    Houses    Shall    Swing    Outward, 
A.  91,  '08.) 

Section  1.  All  doors  for  ingress  and  egress  to  public  school- 
houses,  churches,  courthouses,  assembly  rooms,  halls,  theatres, 
factories  with  more  than  twenty  employees  and  of  all  other 
buildings  of  public  resort  whatever,  where  people  are  wont  to 
assemble,  shall  be  so  swung  as  open  outwardly  from  the  audi- 


109 

ence  rooms,  classrooms,  halls,  or  workshops;  but  such  doors 
may  be  hung  on  double- jointed  hinges,  so  as  to  open  with  equal 
ease  outwardly  or  inwardly. 

Section  2.  The  provisions  of  this  Act  shall  apply  to  all 
buildings  and  houses  within  its  terms,  erected  after  its  passage, 
from  the  date  it  becomes  in  force.  As  to  all  such  buildings  and 
houses  heretofore  erected,  said  provisions  shall  be  applied  from 
and  after  the  expiration  of  six  months  from  the  date  when  this 
Act  becomes  operative. 

Section  3.  The  president  of  the  parish  school  board,  the 
deacons,  the  stewards  or  managers  of  any  church,  the  presi- 
dent of  the  parish  police  jury,  or  the  owner  of  any  hall,  theatre, 
or  factory,  failing  to  comply  with  the  provisions  of  this  Act 
or  to  have  same  complied  with  as  relates  to  any  building  or 
buildings  under  the  control  of  the  bodies  over  which  they  pre- 
side or  of  which  they  are  a  member,  or  to  such  building  or  build- 
ings owned  by  them,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  and  upon  failure  to  pay  such  fine  and  costs 
shall  be  imprisoned  in  the  parish  jail  for  a  period  not  exceeding 
ninety  (90)  days. 

Section  4.  Provided  that  this  Act  shall  not  apply  to  facto- 
ries, cotton  seed  oil  mills  and  other  like  establishments  where  the 
doors  for  the  purpose  of  protection  against  fire,  are  so  arranged 
as  to  slide  back  and  forth  on  rollers. 

(Exemptions  From  Jury  Duty,  S.  2,  A.  89,  '94.) 

The  following  persons  shall  be  exempted  from  serving  as 
jurors,  but  the  exemption  shall  be  personal  to  them,  and  when 
they  do  not  themselves  claim  the  exemption  it  shall  not  be  suf- 
ficient cause  for  challenging  any  person  exempt  under  the  pro- 
visions of  this  Act.  *  *  *  The  Governor,  Lieutenant  Gov. 
ernor,  State  Auditor,  State  Treasurer,  Secretary  of  State,  Su- 
perintendent of  Public  Education,  their  clerks  and  employees,, 
and  all  public  officers  commissioned  under  the  authority  of  the 
United  States.  *  *  *  professors  and  school  teachers  while 
employed  in  teaching.  *  *  * 


110 

(School  Libraries  Established,  A.  202,  '06.) 

Whenever  the  patrons  and  friends  of  any  individual  school 
or  grade  of  the  free  public  schools  in  which  a  library  has  not 
already  been  established  by  the  aid  of  the  parish  board  of  school 
directors,  shall  raise  by  private  subscription  or  otherwise  and  ten- 
der to  the  treasurer  of  the  parish  public  school  funds  for  the  es- 
tablishment of  a  library  to  be  connected  with  such  school  or  grade, 
the  sum  of  ten  dollars,  and  the  parish  treasurer  has  so  advised 
the  secretary  of  the  parish  board  of  school  directors,  the  said 
board  at  its  next  quarterly  meeting  shall  appropriate  from  the 
public  school  funds  the  sum  of  ten  dollars  for  this  purpose, 
and  shall  appoint  the  teacher  in  charge  of  said  school  or  grade 
the  manager  of  such  libraries;  provided  further,  that  at  times 
other  than  during  the  school  term,  the  library  shall  be  kept  in 
a  locked  case  provided  for  under  this  Act. 

(Duty  of   Parish  Treasurer  and   Secretary  of  School    Board.) 

Section  2.  That  as  soon  as  the  secretary  of  the  parish  board  of 
school  directors  shall  have  received  notice  from  the  treasurer  of 
the  parish  public  school  funds  (and  said  notice  should  be  served 
by  the  said  treasurer  within  five  days  after  receipt  of  same)  that  a 
donation  for  a  library  for  a  certain  school  or  grade  has  been  made, 
the  secretary  shall  inform  the  State  Superintendent  of  Public  Ed- 
ucation of  the  fact,  whereupon  the  said  Superintendent  shall  fur- 
nish the  said  secretary  a  list  of  public  school  library  books  and 
prices  therefor,  said  books  and  prices  having  been  approved 
by  the  State  Board  of  Education. 

(Manner  of  Selecting  Books.) 

Section  3.  That  within  five  days  after  the  parish  board  of 
school  directors  shall  have  made  an  appropriation  for  a  library, 
the  president  and  secretary  of  the  board,  with  the  assistance  of 
the  teacher  in  charge  of  the  school  or  grade  for  which  the  appro- 
priation was  made,  shall  select  from  the  aforesaid  approved  list 
of  books  for  public  school  libraries  a  list  of  books  to  be  purchased 
-for  the  said  library,  and  shall  submit  a  list  of  books  to  be  pur- 
chased to  the  secretary  of  the  board,  who  shall  order  the  books  at 
once,  and  payment  for  same  shall  be  made  by  warrant  upon  the 
treasurer  of  the  parish  public  school  funds  signed  by  the  presi- 
dent and  secretary  of  the  parish  board  of  school  directors. 


Ill 

(Duty  of  School   Board  to  Furnish   Book  Case.) 

Upon  application  of  the  parish  superintendent,  the  parish 
board  of  school  directors  shall  furnish,  to  each  library,  at  the 
expense  of  the  public  school  funds,  a  neat  bookcase,  with  lock 
and  key. 

(Local    Manager   to    Observe    Rules    and    Regulations;    Report    to    State 
Superintendent.) 

The  local  manager  of  every  library  shall  carry  out  such  rules 
and  regulations  for  the  proper  use  and  preservation  of  the 
books  as  may  be  established  by  the  State  Superintendent  of 
Public  Education,  and  shall  on  or  before  the  tenth  day  of 
January  of  each  year  make  to  the  State  Superintendent  of  Pub- 
lic Education  such  report  as  he  may  require. 

(Duty  of  School   Board  When  Second  Appropriation   Is  Made  After  One 
Year;    Subsequent  Appropriations   Limited  to  One  Per  Year.) 

Section  5.  When  the  patrons  and  friends  of  any  individual 
school  or  grade  of  the  public  school  in  which  a  library  has  been 
established  for  one  year  under  the  preceeding  sections  of  this 
Act,  shall  raise  by  private  subscription  or  otherwise  and  tender 
to  the  treasurer  of  the  parish  school  funds  the  sum  of  five  dol- 
lars for  the  enlargement  of  the  library,  the  parish  board  of 
school  directors  shall  appropriate  from  the  money  belonging  to 
that  school  or  grade  not  less  than  the  sum  of  five  dollars  nor 
more  than  fifteen  dollars.  The  money  thus  collected  and  appro- 
priated shall  be  used  for  the  enlargement  of  libraries  already 
established  under  the  same  rules  and  restrictions  as  govern  the 
establishment  of  new  libraries;  provided  that  no  more  than  one 
such  appropriation  shall  be  made  each  year  for  each  school  or 
grade. 

(Legal  Ownership  to  Remain  in  Parish  School  Board.) 

Section  6.  The  legal  possession  and  ownership  of  the  books, 
cases  and  other  appendages  of  the  school  or  grade  library,  shall 
be  and  remain  in  the  parish  board  of  school  directors  and  their 
successors  in  office,  and  that  the  felonious  destruction  or  taking 
and  carrying  away  thereof,  or  any  part  thereof,  or  any  books, 
article,  apparatus  or  furniture  from  or  belonging  to  any  public 
school  house  owned  or  used  for  public  school  purposes  shall 
and  is  hereby  declared  to  be  larceny,  and  the  breaking  into  such 


112 

schoolhouse  at  night  with  intent  to  commit  larceny,  as  herein  set 
forth,  or  any  felony,  shall  and  is  hereby  declared  to  be  burglary, 
and  that  any  larceny  or  burglary  so  committed  shall  be  punished 
as  in  other  cases  under  existing  statutes. 

(Object  of  the  Institution,  A.  145,  77.) 

The  Louisiana  State  University  and  Agricultural  and  Me- 
chancial  College,  as  hereinafter  created,  shall  have  for  its  ob- 
ject to  become  an  institution  of  learning,  in  the  broadest  and 
highest  sense,  where  literature,  science  and  all  the  arts  may  be 
taught;  where  the  principles  of  truth  and  honor  may  be  estab- 
lished, and  a  noble  sense  of  personal  and  patriotic  and  religious 
duty  inculcated;  in  fine,  to  fit  the  citizen  to  perform  justly, 
skillfully,  and  magnanimously  all  the  offices,  both  private  and 
public,  of  peace  and  war. 

(General  Instruct  ion,  A.  145,  77.) 

The  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College,  as  hereinbefore  created,  shall  provide  general  in- 
struction and  education  in  all  the  departments  of  literature, 
science,  art,  and  industrial  and  professional  pursuits;  and  it 
shall  provide  special  instruction  for  the  purpose  of  agriculture, 
the  mechanic  arts,  mining,  military,  science  and  art,  civil  engi- 
neering, law,  medicine,  commerce  and  navigation. 

NOTE. — See  L.  S.  U.  catalogue  for  degrees  conferred. 
(Branches  to  Be  Taught,  A.  145,  77.) 

There  shall  be  maintained  in  the  Louisiana  State  University 
and  Agricultural  and  Mechancial  College,  as  hereinbefore  con- 
stituted and  established: 

First — Schools  of  literature,  including  the  languages  of  the 
principal  nations  of  ancient  and  modern  times,  philosophy,  logic, 
rhetoric,  and  elocution,  history,  ethics,  metaphysics  and  such 
other  and  special  branches  of  learning  as  the  board  of  super- 
visors may  determine. 

Second — Schools  of  science,  including  mathematics,  astron- 
omy, engineering,  architecture,  drawing,  physics,  chemistry, 
botany,  zoology,  agriculture,  mechanics,  mining,  navigation  and 
commerce  and  such  other  special  branches  of  learning  as  the 
board  of  supervisors  may  determine. 


113 

Third — Schools  of  the  useful  and  fine  arts,  and  of  military 
science  and  art. 

Fourth — Schools  of  medicine  and  law. 

Fifth — Such  other  schools  as  the  board  of  supervisors  may 
establish. 

(Affiliation  With  Any  Incorporated   Institution,  A.  145,  77.) 

The  board  of  supervisors  may  affiliate  with  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  any 
incorporated  university  or  college,  or  school  of  medicine,  law 
or  other  special  course  of  instruction,  upon  such  terms  as  may 
be  deemed  expedient;  and  such  university,  college  or  school 
may  retain  the  control  of  its  own  property,  have  its  own  board 
of  trustees,  faculties  and  president  respectively;  and  the  stu- 
dents of  such  universities,  colleges  or  schools  recommended  by 
the  respective  faculties  thereof,  may  receive  from  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  the 
degrees  of  those  universities,  colleges  or  schools,  and  the  said 
students  of  learning  or  special  schools,  thus  graduated,  shall 
rank  as  graduates  of  the  Louisiana  State  University  and  Agricul- 
tural and  Mechanical  College. 

(Beneficiary   Cadets.) 

Each  parish,  as  now  created,  or  that  may  hereafter  be  created 
in  the  State,  shall  have  the  right  to  delegate  to  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  one 
beneficiary  cadet,  and  the  City  of  New  Orleans  shall  have  the 
right  to  delegate  to  said  institution  seventeen  beneficiary  cadets ; 
or  one  from  each  ward  of  said  city,  said  beneficiaries  to  re- 
main at  said  institution  four  years,  unless  sooner  graduated 
or  otherwise  discharged;  provided,  that  no  beneficiary  cadet 
shall  be  permitted  to, resign  from  said  institution,  without  the 
consent  of  the  board  of  supervisors  thereof,  which  consent  shall 
be  given  only  in  case  of  urgent  necessity,  such  as  serious  and 
long  protracted  ill  health,  duly  declared  by  the  certificate  of 
the  surgeon  of  said  institution,  or  other  competent  physician, 
be  of  such  a'  nature  as  to  render  it  impossible  for  said  cadet  to 
pursue  his  studies  with  advantage. 


114 

(Police  Juries  and  City  Councils  to  Elect  Beneficiaries.) 

The  police  jury  of  each  parish  and  the  city  caoneil  of  New 
Orleans,  respectively,  may  at  a  regular  meeting  elect  the  num- 
ber of  beneficiary  cadets  to  which  said  parish  or  city  is  entitled 
as  aforesaid,  of  such  age  and  qualifications  as  may  be-  proscribed 
by  the  board  of  supervisors  for  admission  to  the  college  classes 
of  said  University  and  Agricultural  and  Mechanical  College; 
and  shall  cause  the  beneficiary  so  selected  to  report  in  person 
at  said  institution  on  or  before  said  5th  day  of  October;  pro- 
vided, that  said  beneficiary  cadet  shall  be  selected  from  the 
number  of  those  residents  of  said  parish  or  of  said  city,  who 
have  not  themselves,  nor  their  parents,  the  means  of  defraying 
the  whole  of  their  necessary  expenses  and  maintenance  and 
support  of  said  institution,  which  facts  shall  be  duly  certified 
to  the  president  of  said-  institution,  by  the  president  of  said  police 
jury,  or  said  city  council  of  New  Orleans,  as  true,  to  the  best 
of  his  knowledge  and  belief. 

(Authority   of  the   Police   Juries,   and    City    Council    of    New   Orleans   to 

Appropriate   Funds  for   Beneficiaries.) 

For  maintenance  and  board  of  said  beneficiaries  in  said  insti- 
tution, the  police  Juries  of  the  several  parishes  and  the  city 
council  of  the  City  of  New  Orleans,  be  and  are  hereby  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries, a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
cadets  as  appointed  under  the  provisions  of  this  act;  provided, 
that  the  expense  of  no  cadet  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum;  provided,  that  under  no  circustances 
shall  any  part  of  this  sum  be  paid  by  the  State. 

(Recognition   of  the   Degrees  Conferred,  A.  93,  '08.) 

That  all  diplomas  or  degrees,  whether  literary  or  scientific, 
academic  or  professional,  granted  by  the -Board  of  Supervisors 
of  the  Louisiana  State  University  and  Agricultural  and  Mechan- 
ical College  upon  the  recommendation  of  the  faculty  of  said  insti- 
tution shall 'be  recognized  by  the  courts  and  other  officials  of 
Louisiana  as  entitling  the  graduates  holding  said  diplomas  or 
degrees  to  the  same  rights,  immunities  and  privileges  in  the  State 
of  Louisiana  as  the  diplomas  or  degrees  of  any  other  institution 
of  learning  whatsoever. 


115 

(Benefits  of  the  Carnegie  Fund  Allowed,  A.  219,  '08.) 

That  the  Board  of  Supervisors  of  the  Louisiana  State  Univer- 
sity and  Agricultural  and  Mechanical  College  is  hereby  author- 
ized to  accept  the  offer  of  the  Board  of  Trustees  of  the  Carnegie 
Foundation  to  admit  State  universities  to  the  benefits  of  the  retir- 
ing allowance  system  of  said  Foundation. 

(Authority  to  Charge  Tuition   Fees,  A.  227,  '08.) 

That  Section  1  of  Act  No.  152  of  1902,  entitled  "An  Act 
authorizing  the  Board  of  Supervisors  of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  to  deter- 
mine the  fees  .of  students  or  cadets, ' '  shall  be  amended  and  re- 
enacted  so  as  to  read  as  follows: 

Section  1.  That  the  Board  of  Supervisors  of  the  Louisiana 
State  University  and  Agricultural,  and  Mechanical  College  shall 
have  power  and  authority  to  determine  what  fees  and  other 
charges  shall  be  paid  by  students  or  cadets;  provided,  that  no 
fee  for  tuition  shall  be  charged  to  any  student  or  cadet  who  is 
a  bona  fide  resident  of  the  State  of  Louisiana  unless  said  student 
or  cadet  be  pursuing  a  special  graduate,  or  professional  course 
of  study. 

(Establishing  a  Chair  of  Forestry,  A.  242,  '08.) 

That  it  is  hereby  made  the  duty  of  the  Board  of  Super- 
visors of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  at  Baton  Rouge,  La.,  to  establish  and  main- 
tain a  Chair  of  Forestry  in  said  University  for  the  purpose  of 
teaching  the  care,  protection  and  conservation  of  the  forests  of 
this  State. 

(Object;  to  Whom  Open,  S.  1,  A.  73,  '92.) 

(State  Normal  School,  Act  73,  '92;  A.  61,  '86;  A.  23,  '88; 
A.  70,  '02;  A.  91,  '96;  A.  158,  '02;  A.  51,  '84.  See  Constitu- 
tion, '98.-) 

The  State  Normal  School,  located  at  Natchitoches,  in  the  Par- 
ish of  Natchitoches,  in  conformity  with  Sections  4  and  8  of  Act 
No.  51  of  1884,  shall  have  for  its  object  to  train  teachers  for  the 
public  schools  of  Louisiana,  and  shall  be  open  to  white  persons 
of  either  sex  or  age  and  qualifications  as  may  be  hereinafter 
prescribed. 


116 

(Departments  and  Classes,  S.  6,  A.  73,  '92.) 

The  State  Normal  School  shall  contain  two  departments,  the 
Normal  Department  and  the  Practice  School.-  The  course  of 
study  of  the  Normal  Department  may  extend  over  a  period  of 
four  years,  and  shall  embrace  thorough  instruction  and  training 
in  the  history  and  science  of  education,  the.  theory  and  practice 
of  teaching,  the  organization  and  government  of  schools  and 
such  other  branches  of  knowledge  as  may  be  deemed  necessary  to 
fit  the  students  for  the  varied  work  of  a  complete  system  of  public 
odiools.  The  Practice  Schools  shall  consist  of  such  grades  or 
classes,  with  such  course  of  study,  as  the  Board  of  Administra- 
tors may  deem  useful  in  giving  the  Normal  students  the  neces- 
sary practice  in  the  art  of  teaching. 

(Qualifications  for  Admission,  S.  7,  A,  73,  '92.) 

Applicants  for  admission  to  the  Normal  Department  must 
be  at  least  fifteen  years  of  age  if  female,  and  sixteen  years  of 
age  if  male ;  must  give  satisfactory  evidence  of  good  moral  char- 
acter and  of  requisite1  proficiency  in  the  ordinary  branches  of  a 
^ood  common  school  education;  and  must  declare  in  writing 
their  full  intention  of  continuing  in  the  school  until  graduation, 
unless  sooner  discharged, .  and  .of  teaching  in  the  public  schools 
of  Louisiana  for  at  least  one  year  after  graduation. 

(Tuition  Free,  Except  in  Some  Instances,  S.  8,  A.  73,  '92.) 

Tuition  shall  be  free  to  all  students  of  the. Normal  Depart- 
ment who  fulfill  all  the  requirements  imposed  by  Section  7  of 
this  Act,  and  to  the  pupils  of  the  primary  grades  of  the  Practice 
School.  All  other  students  shall  be  charged  such  fees  for  tui- 
tion as  may  be  prescribed  by  the  board  of  administrators. 

(Beneficiary  Students  to  State  Schools,  A.  158,  '02.) 

Each  police  jury  of  the  several  parishes  of  the  State  shall 
have  the  right  to  delegate  to  the  Louisiana  Industrial  Institute 
at  Ruston,  or  the  Southwestern  Louisiana  Industrial  Institute 
at  Lafayette  or  the  State  Normal  School,  one  (1)  female  student, 
and  the  City  of  New  Orleans  shall  have  the  right  to  delegate 
to  said  institutions  one  female  student  from  each  ward  of  said 
city,  said  beneficiaries  to  remain  at  said  institutions  until  grad- 
uated or  otherwise  discharged;  provided  no  beneficiary  shall  be 


117 

permitted  to  resign  without,  the  consent  of  the  board  of  super- 
visors of  the  institute,  which  consent  shall  be  given  only  in  case 
of  urgent  necessity  such  as  serious  or  long  protracted  ill  health, 
duly  declared  by  certificate  of  the  physician  of  such  institute  or 
other  competent  physician,  to  be  of  such  nature  as  to  render  il 
impossible  for  said  student  to  pursue  her  studies  with  advantage. 

Section  2.  That  the  police  jury  of  each  parish  and  the  city 
council  of  New  Orleans,  respectively,  may  at  a  regular  meeting 
select  said  beneficiaries  subject  to  and  after  competitive  examina- 
tion and  of  such  age  and  qualifications  as  is  prescribed  by  the 
rules  of  such  institutions;  provided  said  beneficiaries  shall  be 
residents  of  such  parish  or  wards  who  have  not  themselves  nor 
have  their  parents  the  means  of  defraying  the  whole  of  the  neces- 
sary expenses  of  maintenance  and  support  at  said  institute,  which 
fact  shall  be  duly  certified  to  by  the  president  of  the  police  jury 
of  said  city. 

Section  3.  That  for  the  maintenance  and  board  of  said  bene- 
ficiaries at  said  institutes,  the  police  jury  of  the  several  parishes 
and  the  city  council  of  New  Orleans  be,  and  are  hereby,  author- 
ized and  empowered  to  appropriate  out  of  their  respective  treas- 
uries a  sufficient  sum  to  defray  the  necessary  expenses  of  said 
students  as  appointed  under  provisions  of  this  act ;  provided 
the  expense  of  no  beneficiary  shall  exceed  two  hundred  and  fifty 
dollars  ($250)  per  annum. 

(State   Normal   School    Diplomas,  A.  91,  '96.) 

The  Board  of  Administrators  of  the  State  Normal  School  is 
hereby  empowered  to  confer  diplomas  upon  all  graduates  of 
said  school.  This  diploma  shall  entitle  the  holder  to  a  first  grade 
teacher's  certificate  without  examination,  and  shall  be  valid  in 
any  part  of  the  State  for  four  years  from  the  date  of  gradua- 
tion, after  the  expiration  of  which  time.it  may  be  renewed  every 
four  years,  for  the  same  period,  by  said  Board  of  Administrators 
upon  satisfactory  evidence  of  the  ability,  progress  and  moral 
character  of  the  teacher  making  application  for  such  renewal. 
Furthermore,  the  diploma  of  the  State  Normal  School  shall  en- 
title its  holder  to  such  degree  of  preference  in  the  selection  of 
teachers  for  the  public  schools  of  the  State  as  may  be  deemed 
wise  and  expedient  by  the  State  Board  of  Education. 


118 

(Industrial  College;   Object;    Location;    Privilege,  A.  68,  '94.) 

LOUISIANA  INDUSTRIAL  INSTITUTE,  Act  68,  '94;  A.  158,  '02; 
See  Constitution  '98.) 

An  Industrial  Institute  and  College  is  hereby  established 
for  the  education  of  the  white  children  of  the  State  of  Louisiana 
in  the  arts  and  sciences.  Said  Institute  shall  be  known  as  ' '  The 
Industrial  Institute  and  College  of  Louisiana,"  and  shall  be 
located  at  Huston,  Lincoln  Parish,  La.,  provided  said  town  and 
parish  shall  donate  ten  thousand  dollars  ($10,000)  to  said  Insti- 
tute, and  the  same  shall  be  organized  as  hereinafter  provided. 
(See  Constitution  '98.) 

(Branches  to  Be  Taught,  A.  68,  '94.) 

.The  said  board  of  trustees  shall  possess  all  the  power  neces- 
sary and  proper  for  the  accomplishment  of  the  trust  reposed  in 
them,  viz :  The  establishment  of  a  first-class  Industrial  Institute 
and  College  for  the  education  of  the  white  children  of  Louisiana 
in  the  arts  and  sciences,  at  which  such  children  may  acquire  a 
thorough  academic  and  literary  education,  together  with  a 
knowledge  of  kindergarten  instruction,  of  telegraphy,  stenog- 
raphy and  photography,  of  drawing,  painting,  designing  and 
engraving  in  their  industrial  application;  also  a  knowledge  of 
fancy,  practical  and  general  needle  work;  also  a  knowledge  of 
bookkeeping  and  agricultural  and  mechanical  arts,  together  with 
such  other  practical  industries  as  from  time  to  time  may  be 
suggested  to  them  by  experience,  or  such  as  will  tend  to  promote 
the  general  objects  of  said  Institute  and  College,  to-wit :  Fitting 
and  preparing  such  children,  male  and  female,  for  the  practical 
industries  of  the  age. 

(SOUTHWESTERN  LOUISIANA  INDUSTRIAL  INSTITUTE,  A.  162 
'98;  A.  158,  '02. 

A  State  Industrial  Institute  is  hereby  established  for  the 
education  of  the  white  children  of  the  State  of  Louisiana  in  the 
arts  and  sciences. 

Said  Institute  shall  be  known  as  the  ' '  Southwestern  Louisiana 
Industrial  Institute,"  and  shall  be  located  in  that  parish  of  the 
13th  Senatorial  District  which  will  offer  the  best  inducement 
therefor  to  the  Board  of  Trustees,  said  location  to  be  made  by 


119 

the  Board  to  be  appointed  under  this  Act,  provided  that  the 
parish  selected  for  the  location  of  said  Institution  shall  donate 
not  less  than  twenty-five  acres  of  land  and  five  thousand  dollars 
to  said  Institution,  and  the  same  shall  be  organized  as  herein- 
after provided;  provided  further,  that  in  case  two  or  more  of 
said  parishes  offer  the  same  inducements  then  the  Board  of 
Trustees  shall  select,  by  majority  vote,  the  most  suitable  loca- 
tion and  make  report  thereof  to  the  General  Assembly  of  the 
State  of  Louisiana,  at  its  next  session,  together  with  such  recom- 
mendations as  may  be  conducive  to  the  best  interests  of  said 
institution. 

(Branches  Taught,   Etc.) 

The  Board  of  Trustees  shall  possess  all  the  powers  necessary 
and  proper  for  the  accomplishment  of  the  trust  reposed  in  them, 
viz :  The  establishment  of  a  first-class  Industrial  Institute  for  the 
education  of  the  white  children  of  Louisiana  in  the  arts  and 
sciences,  at  which  such  children  may  acquire  a  thorough  academic 
and  literary  education,  together  with  a  knowledge  of  kinder- 
garten instruction,  of  telegraphy,  stenography  and  photography, 
or  drawing,  painting,  designing  and  engraving  in  their  indus- 
trial applications ;  also  a  knowledge  of  fancy,  practical  and  gen- 
eral needle- work;  also  a  knowledge  of  bookkeeping  and  agri- 
cultural and  mechancial  art  together  with  such  other  practical 
industries  as  from  time  to  time,  may  be  suggested  to  them  by 
experience,  or  such  as  will  tend  to  promote  the  general  object 
.of  said  Institute,  to-wit:  Fitting  and  preparing  such  children,- 
male  and  female,  for  practical  industries  of  life. 

(LOUISIANA  STATE  SCHOOL  FOR  THE  BLIND,  A.  92,  71;  A. 
49,  '88;  A.  145,  '98,  amended  by  A.  238,  '08;  A.  166,  '98;  A. 
196,  '02.) 

There  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  blind,  to  be 
known  as  the  "Louisiana  State  School  for  the  Blind." 

(Objects  of  the  Institution.) 

They  shall  receive,  instruct  and  support  in  the  Institution 
all  persons  blind,  or  of  such  defective  vision  as  not  to  be  able 
to  acquire  an  education  in  the  ordinary  schools,  between  the 


120 

ages  of  seven  and  twenty-two  years,  of  sound  mind  and  proper 
health  of  body,  and  residents  of  the  state.  Such  persons  shall 
receive  instructions  and  be  provided  with  board,  lodging,  medi- 
cine and  medical  attendance  at  the  expense  of  the  institution 
and  if  in  such  indigent  circumstances  as  to  render  it  necessary, 
shall  also  be  furnished  with  clothing  and  traveling  expenses  to 
and  from  the  Institution  upon  a  certificate  to  that  effect  from 
the  president  of  the  police'  jury  of  the  parish,  or  the  mayor  of 
the  city  or  town,  in  which  they  reside. 

(How  Long  Pupils  May  Remain.) 

Persons  admitted  as  pupils  under  fourteen  years  of  age  may 
continue  in  the  institution  ten  years ;  if  over  fourteen  and  un- 
der seventeen  years  of  age,  they  may  continue  eight  years ;  and 
if  over  seventeen  years  of  age,  they  may  continue  five  years; 
provided  the  board  may  in  any  case  extend  the  term  two  years. 

(Institution  for  the  Exclusive  Use  of  the  Deaf  and   Dumb.) 

(LOUISIANA  STATE  SCHOOL  FOB  THE  DEAF,  A.  88,  71 ;  A.  166, 
'98,  amended  by  Act  239,  '08;  A.  196,  '02.  See  Constiution  '98.) 

The  institution  heretofore  known  as  the  Louisiana  Institution 
for  the  Deaf  and  Dumb  and  the  Blind,  located  at  Baton  Rouge, 
in  this  state,  be  and  the  same  is  hereby  reorganized  by  the  pro- 
visions of  this  act  for  the  exclusive  benefit  of  the  deaf  and  dumb. 

That  there  shall  be  established  and  maintained,  in  the  town  of 
Baton  Rouge,  an  institution  for  the  education  of  the  deaf  and 
dumb,  to  be  known  as  the  ' '  Louisiana  State  School  for  the  Deaf. ' ' 

(Admission  of  Pupils,  A.  166,  '98.) 

They  shall  receive,  instruct  and  support  in  the  institution  all 
persons  deaf  and  dumb,  or  of  such  defective  speech  or  hearing  as 
not  to  be  able  to  acquire  an  education  in  the  ordinary  schools, 
between  the  ages  of  eight  and  twenty-two  years,  of  sound  mind 
and  proper  health  of  body,  and  residents  of  the  State.  Such 
persons  shall  receive  instruction  and  be  provided  with  board, 
lodging,  medicine  and  medical  attendance  at  the  expense  of  the 
institution,  and  if  in  such  indigent  circumstances  as  to  render 
it  necessary,  shall  also  be  furnished  with  clothing  and  traveling 
expenses  to  and  from  the  Institution,  upon  a  certificate  to  that 
effect  from  the  president  of  the  Police  Jury  of  the  parish,  or 
the  mayor  of  the  city,  or  town,  in  which  they  reside. 


121 

(Age  of  Admission. ) 

The  persons  admitted  as  pupils  under  fourteen  years  of  age, 
may  continue  in  the  institution  ten  years ;  if  over  fourteen  and 
under  seventeen  years  of  age,  they  may  continue  eight  years; 
if  over  seventeen  years  of  age,  they  may  continue  five  years; 
provided,  the  board  may  in  any  case  extend  the  term  two  years. 

(Branches  Taught.) 

The  institution  shall  provide  air  the  requisite  facilities  for 
acquiring  a  good  literary  education,  instruction  in  hygiene  and 
physical  culture  and  an  industrial  department  in  which  instruc- 
tion shall  be  given  in  such  trades  as  may  be  best  suited  to  render 
the  pupils  self -sustaining  citizens. 

DECISIONS    OF    SUPREME    COURT. 

(School   Boards  Not  Required  to  Apportion  School   Funds.) 

The  repeal  (of  Sec.  7,  Act  81  of  1888,  providing  for  the  ap- 
portionment of  school  funds)  is  express,  because  Act  214  of 
1902  repeals  all  laws  in  conflict;  and  this  provision  for  appor- 
tionment is  in  conflict  with  the  provisions  making  it  obligatory 
upon  the  School  Boards  to  "determine  the  number  of  schools 
to  be  opened,  the  location  of  the  schoolhouses,  the  number  of 
teachers  to  be  employed,  and  their  salaries."  The  latter  pro- 
vision invests  the  School  Board  with  absolute  discretion  in  the 
matter  of  what  number  of  schools  there  shall  be,  and  what 
number  of  teachers  and  what  their  salaries  shall  be.  For  the 
exercise  of  this  discretion,  a  discretionary  control  of  the  school 
funds  is  absolutely  necessary;  because  schools  cannot  be  estab- 
lished and  maintained  without  funds.  Discretionary  control  of 
the  one,  necessarily  carries  with  it  discretionary  control  of  the 
other.  (State  ex  rel.  J.  W.  Martin  et  all  vs.  Webster  Parish 
School  Board.  May  23,  1910.) 

(Discipline.) 

Moderate  restraint  and  correction  of  a  pupil  by  -a  teacher  is 
not  an  offense,  but  is  authorized  by  law,  and  the  authority  of 
the  teacher  is  not  limited  to  the  time  the  pupil  is  at  the  school- 
room or  under  the  actual  control. of  the  teacher.  (Bolding  vs. 
Texas,  4  S.  W.,  579.) 


122 

"The  teacher  is  loco  parentis,  and  authority  is  necessarily 
surrendered  to  him  for  proper  government  of  the  school. "  (Mor- 
row vs.  Wood,  American  Law  Register,  N.  S.  X.  3,  692.) 

Relative  to  punishment,  the  calm  and  honest  judgment  of  the 
teacher,  as  to  the  requirement,  should  have  great  weight  in  mat- 
ters of  discipline  as  in  the  case  of  a  parent  under  similar  circum- 
stances. (American  Law  Register,  Van  Vacter  vs.  State;  July 
number,  1888.  Discipline  in  School.) 

It  is  the  duty  of  a  teacher  to  maintain  proper  discipline  in 
school,  and  the  extent  of  his  authority  in  that  direction  is  dis- 
cussed. (Law  Register,  N.  S.  Vol.  XIII,  p.  716.) 

(District  Attorneys  Not  Entitled  to  20  Per  Cent  Commission  on  Fines.) 

Syllabus:  "Whilst  it  is  well  settled  that  repeals  by  im- 
plication are  not  favored,  it  is  equally  well  settled  that,  in  deter- 
mining whether  one  law  conflicts  with  another,  it  is  necessary 
to  consider  the  purposes  of  both,  and  if  it  appears  that  the  pur- 
pose of  the  law  last  enacted  is  to  cover  the  whole  subject  matter 
dealt  with  by  and  to  modify  or  supercede  those  previously  en- 
acted, their  modification  or  supersession  results  and  must  be 
declared. 

2.  The  purpose  of  Act  No.  96  of  1880  was  to  deal  with  the 
whole  subject  of  the  duties  and  compensation  of  district  attor- 
neys, and  whilst  there  may  have  been  some  provisions  of  the  then 
existing  law.  which  escaped  its  operation,  it  so  modified  and 
superceded  that  law  as  to  preclude  any  recovery  by  the  district 
attorneys  of  the  one-fifth  part  of  the  fines  imposed,  after  deduct- 
ing the  commission  of  the  sheriff,  in  addition  to  the  fee  provided 
by  section  3  of  said  act. 

3.  Articles  125  and  180  of  the  Constiution,  whether  taken 
separately  or  together,  are  not  susceptible  of  the  construction 
that  they  intend  to  allow  district  attorneys  to  collect  commis- 
sions,  as  contradistinguished  from  fees,  or  fees,  save  as  pro- 
vided for  by  the  Constitution  itself. , 

It  is  therefore  ordered,  adjudged  and  decreed,  that  the  judg- 
ment of  the  Court  of  Appeal  which  is  here  made  the  subject  of 
review  be  annulled;  that  the  judgment  of  the  District  Court, 
which  was  thereby  affirmed,  be  likewise  annulled,  avoided  and 
reversed,  and  that  relator's  demand  be  rejected  and  this  pro- 


123 

ceeding  dismissed  at  his  cost.     (State  ex  rel.  Edwin  Broussard, 
District  Attorney,  vs.  George  Henderson,  Sheriff,  120.  Ann.  535.) 

(Taxes  Collected  for  School   Purposes   Must  Be  Turned  Over  to  School 
Board.) 

Taxes  collected  for  school  purposes  should  be  turned  over 
to  the  school  board  from  time  to  time  as  received.  (Parish 
Board  of  School  Directors  of  Iberia  Parish  vs.  Police  Jury  of 
Iberia  Parish,  123d  Ann.,  416.) 

(Property    Exempt   From   Taxation   by  Constitution   Also   Exempt   From 
Special  School   Tax.) 

The  special  school  tax  authorized  by  Constitution  Art.  232, 
is  not  a  special  assessment,  and  property  exempt  from  taxation 
by  the  Constitution  is  not  subject  to  it.  (Louisiana  &  N.  W.  R. 
R.  Co.  vs.  State  Board  of  Appraisers,  120th  Ann.,  471.) 

(Members  of  Partnership   Entitled  to  Vote  Upon   Firm's  Assessment  in 
Special  Tax  Elections.) 

Individual  members  of  a  partnership  held  entitled  to  vote 
upon  the  firm's  assessment  in  a  special  tax  election  held  under 
Constitution  Art.  232.  (Smith  vs.  Parish  Board  of  School  Direc- 
tors, 125th  Ann.,  987.) 

(Persons  Not  Entitled  to  Vote  Upon  Assessment  of  Property  Sold.) 

A  person  appearing  as  owner  of  property  on  the  assessment 
rolls,  but  who  has  sold  it  when  an  election  was  held  under 
Constitution  Art.  232,  held  not  entitled  to  vote  thereat.  '  (Smith 
vs;  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Special  Tax  Not  Set  Aside  by  Legal  Votes  Cast  Without  Proper  Evi- 
dence.) 

A  special  tax  election  under  Constitution  Art.  232,  held  not 
to  be  set  aside  because  the  commissioner  of  election  received  votes 
without  proper  evidence,  where  such  votes  were  legal.  (Smith 
vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 

(Right  of  Widows  to  Vote  Community  Property.) 

To  entitle  widows  to  vote  at  a  special  tax  election  held  under 
Constitution  Art.  232,  as  owners  of  community  property,  their 
rights  must  clearly  appear  by  judgment  or  order  of  court. 
(Smith  vs.  Parish  Board  of  School  Directors,  125th  Ann.,  987.) 


124 

(School   Houses,  as  Such,   Built  by   Means  of  Special   Tax,  Can    Not   Be 
Converted  Into  Theatre.) 

Citizens  who  have  voted  to  tax  themselves  for  a  specific  work 
of  public  improvement,  the  value  of  which  is  fixed  at  $20,000, 
have  a  standing  in  court  to  complain  that  the  property  acquired 
is  not  being  used  for  the  purpose  contemplated,  and  this  court, 
in  such  case,  has  jurisdiction  of  the  appeal.  Where  a  vote 
has  been  taken  upon  a  proposition  to  impose  a  tax  to  build  a 
schoolhouse,  and  has  been  favorably  acted  on,  and  a  building 
has  been  constructed  with  the  proceeds  of  bonds  predicated  upon 
such  a  tax,  it  would  be  a  breach  of  faith  to  allow  such  building 
to  be  converted  into  a  theatre,  or  to  be  used  for  the  purpose  of 
giving  theatrical  performances,  as  a  business,  whether  in  combi- 
nation with  its  use  for  school  purposes  or  otherwise.  It  is, 
however,  within  the  discretion  of  the  municipal  authorities  hav- 
ing control  of  the  property  to  make  such  casual  and  incidental  use 
of  it  as  may  not  be  inconsistent  with  or  prejudicial  to,  the  main 
purpose  for  which  it  was  acquired;  and  changed  conditions,  in 
the  future,  may  justify  its  use  for  some  other  purpose.  (Sugar 
vs.  City  of  Monroe,  108th  Ann.,  677.) 

SANITARY  REGULATIONS  OF  THE  LOUISIANA  STATE 

BOARD  OF  HEALTH,   CONCERNING  HYGIENE 

AND  SANITATION  OF  SCHOOLS. 

SANITARY  CODE,  STATE  OF  LOUISIANA,  SECTION  250. 

NOTE. — By  Act  192  of  1898  the  State  Board  of  Health  is  authorized  to 
enact  regulations  which  are  binding  upon  the  public. 

(Parish  Board  and  Superintendent  to  Enforce  Rules  and  Regulations.) 

The  parish  or  municipal  school  board,  and  the  parish  super- 
intendent of  schools,  shall  be  held  responsible  for  the  execution 
and  enforcement  of  the  following  rules  and  regulations,  and  all 
other  health  laws  governing  the  hygiene  of  the  schoolroom  and  the 
premises  of  the  schools  under  their  respective  jurisdictions. 

(Plans  for  Schoolhouses  to  Be  Submitted  to  State  Superintendent,  Par- 
ish Superintendent  and  Parish   Health  Officer.) 

Plans  and  specifications  for  every  schoolhouse  hereafter 
erected  in  the  State  must  be  submitted  to  the  parish  superin- 
tendent of  schools,  and  to  the  State  Superintendent  of  Educa- 


125 

tion,  and  also  to  the  parish  health  officer,  that  it  may  be  deter- 
mined whether  every  hygienic  or  necessary  provision  is  made,  es- 
pecially with  reference  to  ventilation,  light  and  protection 
against  fire. 

(Regulating   Ventilation  and   Light.) 

Every  schoolhouse,  public  or  private,  or  other  building  used 
for  school  purposes,  shall  be  ventilated  in  such  manner  as  to 
afford  eighteen  hundred  cubic  feet  of  air  per  hour  for  each 
adult,  and  a  proportionate  amount  for  each  child,  and  shall 
contain  not  less  than  two  hundred  cubic  feet  of  air  space  for 
each  child  to  be  taught  therein.  Windows  and  transoms  shall 
be  so  constructed  that  windows  may  be  lowered  from  the  top 
and  transoms  opened.  Every  schoolhouse  must  be  lighted  in 
such  a  manner  as  to  minimize  the  eye  strain.  Each  room  must 
contain  of  actual  surface  of  glass  in  the  windows  not  less  than 
one-seventh  of  the  floor  space. 

(Regulating  the  Swinging  of  Doors.) 

All  doors  except  those  which  slide  into  wall  pockets  shall 
open  outward  and  all  partition  doors  shall  be^  hung  on  double- 
action  hinges. 

(Governing  the  Treatment  and  Sweeping  of  Floors  and  Wiping  of  Fur- 
niture, Etc.) 

The  floors  of  every  school  must  be  treated  with  some  antiseptic 
floor  dressing.  Applications  to  be  at  sufficiently  frequent  inter- 
vals to  keep  down  effectually  the  dust;  floors  to  be  scrubbed 
thoroughly  before  each  application.  Floor  dressing  for  use  in 
the  schools  must  be  approved  by  the  State  analyst. 

The  floors  of  every  school  must  be  swept  daily,  sweeping 
to  be  done  after  all  pupils  have  left  the  building.  All  windows 
must  be  thrown  open  and  schoolhouse  thoroughly  aired  after 
cleaning. 

All  desks,  wainscoting,  window  sills  and  baseboards  in  every 
schoolhouse  in  the  State  must  be  wiped  off  daily  with  a  cloth 
moistened  with  1-2000  bichloride  of  mercury,  or  3  per  cent  car- 
bolic acid  solution. 

(Spitting  on  Floors  Strictly  Prohibited.) 

Spitting  on  floors,  walls,  etc.,  must  be  strictly  prohibited,  and 
anti-spitting  placards  placed  in  every  room. 


126 

(Teachers  Must   Furnish   Health  Certificates.) 

No  person  suffering  from  any  communicable  disease  shall  be 
employed  as  teacher  or  janitor  in  any  public  school  in  this  State. 
At  the  opening  of  each  annual  term  teachers  must  furnish  a 
health  certificate  from  a  registered  physician,  addressed  to  the 
parish  superintendent  of  schools,  certifying  that  they  are  not 
suffering  from  tuberculosis  or  other  communicable  disease. 

(Vaccination  Required  bf  Pupils.) 

No  one  shall  be  entered  as  a  pupil  in  the  public  schools  of 
this  State  without  first  having  presented  to  the  principal  in 
charge  a  certificate  from  a  registered  physician  of  Louisiana, 
certifying  that  within  the  preceding  five  years  the  applicant 
was  successfully  vaccinated. 

Three  unsuccessful  attempts  at  vaccination  with  a  proven 
virus  shall  be  accepted  as  an  immunity  for  a  period  of  one  year. 

Pupils  are  required,  at  the  end  of  each  five  years,  to  renew 
their  vaccination  certificates. 

(Pupils  Suffering  With  Communicable  Disease  to  Be  Excluded.) 

No  pupil  suffering  from  any  communicable  disease  shall  be 
permitted  to  attend  the  public  schools  of  this  State.  The  prin- 
cipal or  the  teacher  has  the  right  to  exclude  any  child  from  the 
schools  whom  they  suspect  of  suffering  from  any  communicable 
disease,  pending  examination  and  report  of  a  registered  phy- 
sician. 

(Schoolhouses  to  Be  Disinfected.) 

All  schoolrooms  in  the  State  must  be  disinfected  before  the 
beginning  of  each  school  session,  with  the  formaldehyde-per- 
manganate of  potash  mixture  as  indicated  in  the  bulletin  of 
disinfection. 

(On  Appearance  of  Communicable  Diseases,  Schools  Must  Be  Closed.) 

On  the  appearance  in  a  school  of  any  communicable  disease, 
either  among  the  pupils,  teachers  or  attendants,  the  school  shall 
be  closed  immediately  and  fumigated  before  reopening. 

(School  Premises  Shall  Be  Drained.) 

The  school  premises  shall  be  thoroughly  drained  and  no 
stagnant  water  permitted  to  collect.  In  towns  with  a  drainage 
system  or  where  an  outflow  is  possible,  the  school  site  and  the 


127 

entire  area  of  the  ground  shall  be  properly  drained,  so  as  to 
reduce  the  ground  water  level,  and  the  drainage  effected  in 
such  a  manner  as  not  to  contaminate  with  its  effluvia  any  well, 
cistern  or  other  source  of  drinking  water. 

(Abundant  Supply  of  Pure   Drinking   Water.) 

Every  school  must  be  supplied  with  an  abundance  of  pure 
drinking  water  for  drinking  purposes.  Where  water  is  used 
from  surface  wells,  said  wells  must  be  located  at  least  100  feet 
from  any  closet. 

(Open   Receptacles  for  Water  and  Common  Cups  Prohibited.) 

The  use  of  open  receptacles  for  drinking  water  in  schools, 
and  also  of  dippers  or  cups  for  common  drinking  purposes,  is 
prohibited.  ^The  school  authorities  must  supply  for  holding 
drinking  water  covered  containers  with  faucets,  which  containers 
must  be  scoured  daily  when  in  use.  All  teachers  and  pupils 
must  provide  themselves  with  individual  drinking  cups  or  glasses. 
In  towns  or  cities  where  there  is  a  public  water  supply  a  sanitary 
drinking  fountain  shall  be  installed. 

(Garbage  Can  Required;   Emptied  Daily.) 

Every  school  in  this  State  must  have  a  sufficient  number  of 
trash  or  garbage  cans  for  the  convenience  of  the  pupils,  teachers 
and  employees,  and  said  trash  or  garbage  cans  must  be  kept 
closed,  and  emptied  daily. 

(Stiles  Sanitary  Closet  Compulsory.) 

The  urinals  and  water  closets  must  be  connected  with  the 
sewerage  system,  where  one  exists,  when  within  1,000  feet  there- 
from. Where  no  sewerage  system  exists,  all  schools  must  have 
a  Stiles  sanitary  closet  (plans  and  specifications  will  be  furnished 
by  the  State  Board  of  Health  upon  request,)  cess-pool  or  septic 
tank.  Where  the  Stiles  sanitary  closet  is  used  the  inner  surface 
of  the  container  must  be  treated  with  crude  petroleum  at  least 
once  a  week.  All  closets  must  be  scrubbed  once  a  week  and  kept 
in  a  sanitary  condition  at  all  times. 

(Lectures  for  State  Institutions  and  Teachers'  Institutes.) 

The  State  Board  of  Health,  will  when  desired  by  the  State 
Institutions  of  learning,  or  the  State  Pedagogical  Institutes,  or 


128       • 

the  Agricultural  Institutes,  send  a  lecturer  to  deliver  a  series  of 
lectures  on: 

1.  Personal  hygiene. 

2.  School  hygiene. 

3.  Principles  and  practice  of  physical  training. 

4.  Drug  and  alcohol  addictions. 

5.  Contagious  and  infectious  diseases ;  cause  and  prevention. 

6.  Hygiene  of  the  home  and  farm. 

(Parish  Superintendents'  Monthly  Report  to  State  Board  of  Health.) 

The  principal  of  each  school  in  the  State,  except  in  cities 
where  there  is  employed  a  regular  medical  inspector,  shall  make 
a  monthly  report  to*  the  parish  superintendent  of  schools  on  the 
sanitary  condition  of  the  school  building  and  surroundings,  also 
the  physical  condition  of  the  school  children.  Blank  reports  for 
this  purpose  will  be  furnished  by  the  Louisiana  State  Board  of 
Health.  Parish  superintendents  of  schools  shall  forward  these 
reports  to  the  Louisiana  State  Board  of  Health  within  ten  days 
after  their  receipt  by  him. 

APPROPRIATIONS  FOR  PUBLIC  EDUCATION. 

(Out  of  the  Current  School    Fund.) 

For  support  of  the  free  public  schools,  or  so  much 
thereof,  or  any  excess  thereof,  as  may  be  collected 
State  taxes  levied  for  that  purpose,  from  inherit- 
ance taxes,  or  donated  to  the  school  fund,  for  the 
year  ending  June  30,  1913,  Nine  Hundred  Thousand 
Dollars  $900000.00 

(The  Public  Schools  Receive  1  13-20  Mills  of  the  State  Tax.) 

For.  the  year  ending  June  30,  1914,  .Nine  Hundred 

Thousand  Dollars  $900000.00 

For  salary  of  Superintendent  of  Public  Education 
for  the  year  ending  June  30,  1913,  Five  Thousand 
Dollars  $  5000.00 

For  the  year  ending  June  30,  1914,  Five  Thousand 

Dollars  $  5000.00 

Expenses  of  office  of  Superintendent  of  Public  Educa- 
tion, for  the  year  ending  June  30,  1913,  Two  Thou- 
snnd  Dollars  .  .  .$  2000.00 


129 

For  the  year  ending  June  30,  1914,  Two  Thousand 

Dollars  $  2000.00 

For  salary  of  Secretary  to  Superintendent  of  Public 
Education,  for  the  year  ending  June  30,  1913, 
One  Thousand  Five  Hundred  Dollars $  1500.00 

For  the  year  ending  June  30,  1914,  One  Thousand 

Five  Hundred  Dollars $  1500.00 

For  salary  of  Assistant  Secretary  to  the  Superintend- 
ent of  Public  Education,  for  the  year  ending  June 
30,  1913,  Twelve  Hundred  Dollars $  1200.00 

For  the  year  ending  June  30,  1914,  Twelve  Hundred 

Dollars $  1200.00 

For  traveling  expenses  of  Superintendent  of  Public 
Education,  for  the  year  ending  June  30,  1913, 
One  Thousand  Five  Hundred  Dollars •'...$  1500.00 

For  the  year  ending  June  30,  1914,  One  Thousand 

Five  Hundred  Dollars $  1500.00 

For  mileage  and  per  diem  of  State  Board  of  Public 
Education  for  the  year  ending  June  30,  1913, 
Eight  Hundred  Dollars $  800.00 

For  the  year  ending  June  30,  1914,  Eight  Hundred 
Dollars ......$  800.00 

For  holding  Teachers'  Institutes  throughout  the  State, 
for  the  year  ending  June  30,  1913,  Eighteen 
Thousand  Dollars  ' $  18000.00 

For  the  year  ending  June  30,  1914,  Eighteen  Thou- 
sand Dollars $  18000.00 

(Out  of  the  Interest  Tax  Fund.) 

For  payment  of  interest  on  the  Free  School  Fund,  Ar- 
ticle 257  of  the  Constitution;  for  the  year  1912,. out 
of  the  revenues  of  1912,  Forty-five  Thousand  Two 
Hundred  and  Thirty-Four  Dollars  and  Seventy 
Cents $  45234.70 

For  the  year  1913,  out  of  the  revenues  of  1913,  Forty- 
Five  Thousand  Two  Hundred  and  Thirty-Four  Dol- 
lars and  Seventy  Cents $45234.70 


130 

For  payment  of  interest  on  the  Seminary  Fund,  Arti- 
cle 258  of  the  Constitution,  for  the  year  ending  June 
30th,  1913,  Five  Thousand  Four  Hundred  and  Forty 
Dollars $  5440.00 

For  the  year  ending  June  30th,  1914,  Five  Thousand 

Four  Hundred  and  Forty  Dollars $     5440.00 

For  payment  of  interest  on  Fund  due  the  Agricul- 
tural and  Mechanical  College,  Article  259  of  the* 
Constitution,  for  the  year  ending  June  30th,  1913, 
Nine  Thousand  One  Hundred  and  Fifteen  Dollars 
and  Sixty-nine  Cents $     9115.69 

For  the  year  ending  June  30th,  1914,  Nine  Thousand 
One  Hundred  and  Fifteen  Dollars  and  Sixty-Nine 
Cents  $  9115.69 

(Louisiana  Institute  for  the  Blind.) 

For  support  of  the  Louisiana  Institute  for  the  Blind, 
for  the  year  ending  June  30th,  1913,  Thirteen  Thou- 
sand Dollars $  13000.00 

For  the  year  ending  June  30th,  1914,  Thirteen  Thou- 
sand Dollars $  13000.00 

For  general  repairs,  Institute  for  the  Blind,  for  the 
year  ending  June  30th,  1913,  Seven  Hundred 
Dollars  .$  700.00 

For  the  year  ending  June  30th,  1914,  Seven  Hundred 

Dollars $  700.00 

For  insurance  on  buildings  and  contents,  Institute  for 
the  Blind  (three  years'  policy),  out  of  the  revenues 
of  1912,  Five  Hundred  Dollars $  500.00 

For  library,  for  the  year  ending  June  30th,  1913,  Two 

Hundred  and  Fifty  Dollars $  250.00 

For  the  year  ending  June  30th,  1914,  Two  Hundred 

and  Fifty  .Dollars $  250.00 

(Louisiana  School  for  the  Deaf.) 

For  support  of  the  Louisiana  School  for  the  Deaf,  for 
the  year  ending  June  30th,  1913,  Thirty  Thousand 
Dollars  $  30000.00 

For  the  year  ending  June  30th,  1914,  Thirty  Thousand 

Dollars  .  .  .$  30000.00 


For  additional  equipment,  school  furniture,  Industrial 
equipment,  bedding,  etc.,  out  of  the  revenues  of 
1913,  Five  Thousand  Dollars $  5000.00 

For  general  repairs,  Louisiana  School  for  the  Deaf, 
for  the  year  ending  June  30th,  1913,  Five  Hundred 
Dollars  ...... $  500.0Q 

For  the  year  ending  June  30th,  1914,  Five  Hundred 

Dollars $  500.00 

(Louisiana  State  University.) 

For  support  of  the  Louisiana  State  University  and  Ag- 
ricultural and  Mechanical  College;  for  equipment 
and  maintenance  of  its  libraries,  laboratories  and 
shops ;  for  insurance  on  buildings  and  contents,  and 
for  repairs,  improvements  and  additions,  for  the 
year  ending  June  30th,  1913,  One  Hundred  Thou- 
sand Dollars '. .  .$100000.00 

For  the  year  ending  June  30th,  1914,  One  Hundred 

Thousand  Dollars $100000.00 

For  the  purchase  price  of  land  purchased  for  the  Lou- 
isiana State  University  and  Agricultural  and  Me- 
chanical College,  out  of  the  revenues  of  1912,  Fif- 
teen Thousand  Dollars $  15000.00 

Out  of  the  revenues  of  1913,  Fifteen  Thousand  Dol- 
lars  $  15000.00 

(State  Normal  School.) 

For  support,  maintenance,  additions  to  buildings, 
equipment,  repairs,  insurance,  etc.,  for  the  year  end- 
ing June  30th,  1913,  Seventy-Two  Thousand  Five 
Hundred  Dollars $  72500.00 

For  the  year  ending  June  30th,  1914,  Seventy-Two 

Thousand  Five  Hundred  Dollars $  72500.00 

For  heating,  lighting,  plumbing,  water  and  sewerage 
for  Model  School,  out  of  the  revenues  of  the  year 

1913,  Five  Thousand  Dollars $    5000.00 

For  Power  House  and  additional  unit  for  heat  and 

light,  out  of  the  revenues  of  1913,  Three  Thousand 

Seven  Hundred  and  Fifty  Dollars $    3750.00 

For  furniture  for  Model  School,  out  of  the  revenues  of 

1914,  Two  Thousand  Five  Hundred  Dollars $    2500.00 


132 

(Louisiana  Industrial  Institute.) 

For  support,  maintenance,  erection  of  new  buildings 
equipment,  repairs,  insurance,  etc.,  for  the  year  end- 
ing June  30th,  1913,  Sixty-Five  Thousand  Dollars. $  65000.00 

For  the  year  ending  June  30th,  1914,  Sixty-Five  Thou- 
sand Dollars $  65,000.00 

(Southwestern    Louisiana    Industrial    Institute.) 

For  support,  maintenance,  equipment,  repairs,  insur- 
ance, Summer  School,  etc.,  for  the  year  ending  June 
30th,  1913,  Thirty-Five  Thousand  Dollars .$  35,000.00 

For  the  year  ending  June  30th,  1914,  Thirty-Five 

Thousand  Dollars  $  35000.00 

For  laundry,  repairs,  equipment  and  insurance,  for 
the  year  ending  June  30th,  1913,  Five  Thousand 
Dollars $  5000.00 

For  the  year  ending  June  30th,  1914,  Five  Thousand 
Dollars $  5000.00 

(State  Reform  School.) 

For  support,  maintenance,  improvements,  and  other 
expenses  of  State  Reform  School,  for  the  year  end- 
ing June  30th,  1913,  Twelve  Thousand  Five  Hun- 
dred Dollars $  12500.00 

For  the  year  ending  June  30th,  1914,  Twelve  Thou- 
sand Five  Hundred  Dollars $  12500.00 

For  residence  of  Superintendent,  State  Reform  School, 

out  of  the  revenues  of  1912,  Four  Thousand  Dollars .  $  4000.00 

For  screening  and  other  improvements  on  main  build- 
ing, out  of  the  revenues  of  1912,  Five  Hundred  Dol- 
lars  $  500.00 

For  payment  of  Land  Purchased,  out  of  the  revenues 
of  1912,  Four  Thousand  Six  Hundred  and  Forty- 
Six  Dollars  .  ..$  4646.00 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


